Judul : Ndiang’ui Kinyagia: LSK seeks court appearance of blogger, family over conflicting affidavits
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Ndiang’ui Kinyagia: LSK seeks court appearance of blogger, family over conflicting affidavits
- LSK has asked the High Court to summon Ndiang’ui Kinyagia, his cousin, and mother, after conflicting accounts emerged over his 13-day disappearance
- A fresh affidavit claims Ndiang’ui called his cousin during the missing period, a version that clashes with LSK’s abduction narrative
- Lawyer Kibe Mungai disowned the final affidavit version, saying it differed materially from the draft he had initially prepared
Didacus Malowa, a journalist at Best for you.co.ke, brings over three years of experience covering politics and current affairs in Kenya.
The Law Society of Kenya (LSK) has asked the High Court to summon ICT expert Ndiang’ui Kinyagia, his cousin, and his mother for cross-examination.
This dramatic twist comes following conflicting information surrounding his mysterious 13-day disappearance.
In a tense session before Justice Chacha Mwita on Friday, LSK President Faith Odhiambo raised alarm over a sworn affidavit filed on July 3, 2025, by Kinyagia’s cousin, lawyer Lilian Wanjiku Gitonga.
Odhiambo argued that the contents of the affidavit sharply contradict earlier accounts provided to the LSK before Ndiang’ui vanished in June under unclear circumstances.
"We want to make an application before we start the hearing of this case, based on an affidavit sworn by Lilian Wanjiku Gitonga. My Lord, this affidavit is in stark contrast to the information we were earlier given," said Odhiambo.
The affidavit in question claims that during the period of Ndiang’ui’s disappearance, Gitonga received a call from him assuring her he was safe and had not been abducted, a narrative that contradicts LSK’s earlier position.
At the time, the society had filed an urgent application seeking to compel the Inspector General of Police and the Directorate of Criminal Investigations (DCI) to produce Ndiang’ui, dead or alive.
Why does LSK want to cross-examine Ndiang’ui, family?
Odhiambo said the society was deeply concerned about the integrity of the proceedings, citing a pattern of surprise affidavits being filed without informing LSK.
She insisted on the need to question Ndiang’ui, his mother Margaret Rukwaro, and Gitonga to clear up the contradictions.
"It raises great concerns and touches on the integrity of the Law Society itself. As officers of the court, we are bound to come before the court with clean hands. Therefore, this would help in dealing with the matter and determine the fate of even the very petition that the Law Society filed," she said.
The confusion deepened when lawyer Kibe Mungai, representing the family, dissociated himself from the final version of the July 3 affidavit.
Kibe told the court he had been involved in drafting an earlier affidavit based on instructions from Ndiang’ui.
However, after sharing the draft with the family, they rejected parts of it and submitted a new version that Kibe said was 'materially different'.
Why did Justice Mwita adjourn proceedings?
Justice Mwita, visibly concerned by the back-and-forth, questioned who was formally representing the second petitioner, Ndiang’ui.
The judge further pointed out that the affidavit filed was not authored by the petitioner himself.
"The affidavit here is by someone else and not the second petitioner, Ndiangui. We need to make that distinction,” Justice Mwita stated.
The judge noted Kibe’s discomfort during proceedings and urged both LSK and the family to clarify their positions before the matter could proceed.
“This matter cannot proceed until the petitioners decide how to proceed with this case," he directed, postponing the hearing to July 24.
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