Tech entrepreneur and blogger Ndiang’ui Kinyagia has been awarded Ksh5 million by the High Court after the police were found to have violated his constitutional rights during a raid at his Kinoo residence in June 2025.
Justice Patricia Nyaundi ruled on Tuesday, September 22, that officers unlawfully entered Kinyagia’s home and confiscated his property during the operation.
The judge found that the raid infringed on Kinyagia’s rights to privacy, property, dignity, personal security and freedom of movement. She subsequently ordered the Director of Criminal Investigations (DCI) and the Inspector General of Police to pay him Ksh5 million in damages.
Justice Nyaundi further prohibited the Director of Public Prosecutions (DPP) from prosecuting Kinyagia over the investigations that resulted in the raid.
The legal dispute emerged amid increased scrutiny of Kinyagia’s social media activity, particularly posts associated with anti-government demonstrations, including a schedule outlining planned protests.
The matter began in June 2025 when Kinyagia went missing from his home after reportedly discovering that detectives were searching for him.
His disappearance raised concerns among his family and the Law Society of Kenya (LSK), amid claims that officers believed to be from the DCI had searched his house and taken his electronic devices without obtaining a court warrant.
Kinyagia later appeared at the Milimani Law Courts in July 2025, where he said he had gone into hiding because he feared for his safety.
He subsequently approached the High Court seeking protection from arrest as he prepared an affidavit detailing the events surrounding his disappearance.
The court had earlier issued orders preventing his arrest and later granted him additional time to give an account of the events.
During the period, the DCI alleged that Kinyagia had staged his disappearance, while his supporters argued that the circumstances surrounding the raid and his subsequent disappearance warranted the court’s intervention.
LSK and Senior Counsel Martha Karua later withdrew from the case, citing inconsistencies in Kinyagia’s account and a breakdown in the advocate-client relationship.
The society had initially backed a habeas corpus application in which it was alleged that Kinyagia had been abducted by state agents. However, subsequent investigations suggested that he had intentionally gone into hiding.
The latest High Court decision has now resulted in Kinyagia being awarded damages over the violation of his constitutional rights, while also stopping any prosecution arising from the investigations conducted in 2025.
