Software engineer Ndiang’ui Kinyagia appeared in court on Thursday, alive and well, 11 days after he was allegedly abducted by the Directorate of Criminal Investigations (DCI).

In the culmination of a high-stakes legal drama that had prompted a court summons for DCI boss Mohammed Amin, Ndiang’ui was presented before Justice Chacha Mwita—though the circumstances of his disappearance remain unclear.

Amin, through Senior State Counsel Emmanuel Bitta, protested that the DCI had been unfairly vilified over Ndiang’ui’s disappearance without being granted a chance to explain its position.

“Now that DCI has come, we pray that the directions be discharged and the DCI should wish to be given an opportunity to address on behalf of the directorate because they feel they have not been given a fair opportunity to be heard as regard to issues raised,” said Bitta.

After exchanges that lasted for almost three hours, Justice Chacha Mwita ordered the police not to arrest him until further orders from the court. The judge directed that he may be taken to the hospital, record a statement with the DCI if need be, and talk to his family and lawyers about the 11 days he was missing.

“I think the fairest thing to do is to allow the family and you, the lawyer, to have a conversation and then decide how to proceed. My intention this morning was to have Ndiang’ui and to present him to Kenyans alive and I have. Anything else comes after… In the meantime, the police shall not arrest Ndiang’ui  since he is a witness  in this case until further orders from this court,” said Justice Mwita.

In the case, Ndiang’ui’s family lawyer, Kibe Mungai, told the court that he called his cousin Lilian Wanjiku Gitonga, who is a lawyer, on Wednesday evening from an undisclosed location and explained that he was well.

He, however, claimed that his client had expressed fear about his life and appeared traumatised.

“I have not had a session to debrief him on the relevant matters that are the subject of these proceedings. He expressed deep fears for his life. I would like this court to grant the family and I time to talk to him in privacy, and since he appears to be traumatised, we urge this court to appear next week, so that he is able to be of further assistance to this court,” said Kibe.

Law Society of Kenya lawyers Martha Karua and Mwaura Kabata urged the court to allow them to question Amin, who was present in court.

“We are happy and relieved that he is well and alive and there is an issue of compliance which we can deal with. These cases are becoming so many and the answers will help this court and since he is here, he will be of great help. It is about the person whom the case is brought but about the rule of law,” said Karua.

On the other hand, Kabata said that an opportunity had showed up for Amin to answer questions about abductions.

Willis Otieno, who was also representing Ndiang’ui urged the court to order the officers not to arrest him as they had indicated that he was a person of interest.

But Justice Mwita reminded them that Amin had been directed to appear only regarding Ndiang’ui’s issue.

In response, Bitta said that Amin was ready to talk to the court and give his side of the story. He, however, said that the senior police officer who was accompanied by the Deputy Inspector General of the Administration Police Service (APS), Gilbert Masengeli, had decided to let the family have their time with Ndiang’ui.

Meanwhile, Sergeant Patrick Bwire, based at Kikuyu Sub-County DCI office, told the court that Ndiang’ui’s family had never recorded a formal statement reporting him as missing. According him, on June 23, 2025, one Margaret Rukwaro reported him as a missing person at Kinoo Police Post. Four days later, Lilian Kithinji and Ndiang’ui Kithinji reportedly followed up on the matter and identified Rukwaro as their aunt.

Given the seriousness of the case, the officer said he requested a statement from Rukwaro, but was informed she was unavailable.

The case will be heard on July 18 and 24.