The habeas corpus application for production of Ndiangui Kinyagia has now taken a dramatic twist after the Law Society of Kenya (LSK) formally sought to withdraw legal representation for him following revelations that he had faked his own disappearance.
LSK had initially claimed that Kinyagia had been abducted by state agents under suspicious circumstances.
However, subsequent investigations revealed that he had gone into hiding voluntarily, undermining the credibility of the entire case.
In fresh court documents, LSK’s advocates, VR Advocates & Partners LLP, have applied to cease representing Kinyagia, citing conflicting information and a breakdown in trust.
In a sworn affidavit, Advocate Moses Mutungi Kioko explained that the Kinyagia had issued statements and family-provided information that were “very contradictory from facts in this matter”.
“The contradictions have made it extremely difficult to continue representing him,” the affidavit reads, adding that several efforts to reach consensus between the them had failed.
They have requested that the court grant the law firm leave to withdraw entirely from acting for Kinyagia.
The petition had initially raised alarm about alleged enforced disappearances, but Kinyagia’s now-exposed deception has raised questions about the abuse of legal processes in politically sensitive matters.
Observers say the move by LSK to disown its co-petitioner is a rare and public repudiation—one that could send a strong message about integrity and institutional credibility within the justice system.
