The government on Tuesday failed to fully comply with a High Court directive to present missing activist and blogger Ndiang'ui Kinyagia, prompting sharp criticism from the family’s legal team and raising fresh concerns over his whereabouts.

The court had on Monday ordered Inspector General of Police Douglas Kanja to either produce Kinyagia by 11 am Tuesday or provide a credible explanation for his continued absence. However, state officers maintained in court that they do not have him in custody and have no knowledge of his current location.

In a replying affidavit, Sergeant Samuel Itegi from the Directorate of Criminal Investigations (DCI) told the court that Kinyagia was under investigation over his alleged involvement in the recent Gen Z demonstrations.

According to him, officers went to Kinyagia’s residence but did not find him.

“The second petitioner was under investigation for his involvement in the just-ended Gen Z demonstrations. When my client arrived at his place, he was not in,” Itegi said, adding that the caretaker informed them that Kinyagia had left with two unidentified men earlier.

The affidavit detailed that officers, accompanied by the caretaker, arrived at the residence around 5pm and decided to break into the house without a warrant.

This, Itegi said, was allowed under Section 60 of the National Police Service Act, which permits forced entry in certain circumstances to confirm allegations.

Once inside, officers conducted a search and seized various personal belongings, including two laptops, two mobile phones, two passports, and a vaccination certificate.

“Preliminary investigations linked the said account to the second petitioner, making it necessary for the investigating team to interview him further,”

Itegi stated, referring to an X (formerly Twitter) account accused of sharing a protest timetable that called on demonstrators to “storm, take over, and occupy State House.”

He also confirmed that the inventory from the search was signed by the caretaker on behalf of both the tenant and the landlord.

Itegi stressed that Kinyagia was not arrested because he was not found at the premises and insisted he is not being held by any state agency.

But lawyers representing Kinyagia’s family dismissed the explanation and accused the state of disobeying court orders.

Senior Counsel Martha Karua said the state was failing in its responsibility to account for the missing activist.

“They are not taking the orders of this court seriously. It’s their business to find him—that’s why we pay them. Their business is to investigate and know about the welfare of Kenyans,” Karua said.

Lawyer Wahome Thuku, also representing the family, said the officers had disregarded the court’s directive by failing to produce Kinyagia.

“We are here because the court ordered that the second petitioner be produced. He has not been produced,” Thuku stated.

The court is expected to issue further directions on the matter following the state’s failure to comply with the production order.