By Valentine Mumbi
Former Chief Justice David Maraga has publicly criticised the Kenya Kwanza government for its handling of enforced disappearances, highlighting the ongoing case of activist and IT specialist Ndiang’ui Kinyagia, who vanished on June 21 from his home in Kinoo, Kiambu County.
Maraga accuses the state of orchestrating abductions and then denying any involvement, describing the pattern as systematic.
Kinyagia, known online as Dacuin Da, played a significant role in mobilizing the Gen Z protests held on June 25. Witnesses report that plainclothes officers in unmarked Subaru vehicles raided his home, confiscating electronics and passports, without showing
a search warrant.
His phone and social media went offline shortly afterwards, prompting his mother to report him missing at the Kinoo and Kikuyu police stations.
The Law Society of Kenya has petitioned the High Court for a habeas corpus order, urging the Inspector-General of Police, Douglas Kanja, the Directorate of Criminal Investigations (DCI) Director, Mohammed Amin, and other key security officials to produce Kinyagia “dead or alive” in court.
Justice Chacha Mwita has scheduled a hearing for July 1, 2025.
Maraga, through his presidential campaign secretariat, demanded comprehensive accountability. He lambasted the state’s excuses, such as claims of detainees “injuring themselves in cell walls”, and urged both President Ruto and security leaders to stop
“lying to Kenyans”.
He further called for the immediate suspension of IG Kanja and DCI Amin, citing their failure to curb abductions.
This isn’t the first time Maraga has challenged the government on such issues. Last month, he and opposition figure Martha Karua called for prosecuting perpetrators of enforced disappearances, following mounting evidence of state involvement in prior cases.
Maraga had earlier headed a presidential task force on police reforms, but the High Court struck it down as unconstitutional in April.
As public pressure mounts, human rights organisations such as Amnesty Kenya and KHRC are also calling for Kinyagia’s unconditional release, condemning his detention without charge and affirming it breaches constitutional safeguards.
With the High Court set to rule and the eyes of the nation fixed on the outcome, Maraga’s stand has reignited debate over civic freedoms in Kenya. At stake is not only one man’s fate, but the broader principle of whether state institutions will be held to the rule of law.