Court blocks arrest, detention of blogger Kinyagia until disappearance case is heard

His mother, Lilian Wanjiku, was in attendance as the court convened to determine the next steps following his sudden reappearance. 

Kinyagia, who was described by his lawyers as looking "sick and traumatized," was not in a position to participate meaningfully in the proceedings.

Lawyer Kibe Mungai, representing the family, told the court that he had been informed of Kinyagia’s whereabouts by fellow advocate Wahome Thuku on Tuesday evening. 

According to the lawyer, there had been a phone conversation between Wanjiku and Kinyagia the night before his court appearance.

“Your Honour, we have him. We were looking for him, and he is finally here. But he’s not in good condition,” Kibe stated, emphasizing that the family and legal counsel had not yet had the opportunity to debrief him about the events that transpired during his disappearance.

Citing his client's state of mind and health, Kibe urged the court to allow the family time to speak to Kinyagia privately and requested that the matter be deferred.

“I regret that I can’t be of any assistance until we have had a session with him to know what happened to him,” he said.

The lawyers also raised concern about the potential risk of Kinyagia being detained, and asked the court to issue an order restraining any arrest. A request upheld by court.

He further proposed that Kinyagia be bonded and required to attend court whenever needed.

"Family has made a request......and that is reasonable... Then we can reconvene once he has been briefed and is ready to participate," court was told.

Justice Chacha Mwita acknowledged the petitioner’s concerns, noting that the family’s request was reasonable and that Kinyagia’s presence in court had fulfilled the primary goal of locating him.

"My intentions was to have him and present him to Kenyans. He is here we have him. Also it's good to allow the family and the lawyers time to speak to him,” Mwita noted.

The Attorney General, through lawyer Emmanuel Bitta said that they have not been treated fairly and needed an opportunity to be heard.

Family has been granted time to take Kinyagia to hospital awaiting the hearing of the matter on July 18.