The High Court has awarded blogger and activist Ndiang’ui Kinyagia KSh5 million in damages after finding that his rights were violated during a police operation at his home in Kinoo, Kiambu County, in June 2025. The court also barred the police and the Office of the Director of Public Prosecutions from pursuing prosecution arising from the investigative process linked to the raid, which the court found to have been conducted in violation of constitutional safeguards.
Justice Patricia Mande found that the Directorate of Criminal Investigations (DCI) infringed Kinyagia’s rights to privacy and protection of property when officers entered his residence, conducted a search and took away several items. The raid formed part of investigations that followed social media activity that police said had attracted their attention. At the time, the DCI said it was investigating an X account over what it described as inflammatory material relating to planned demonstrations.
Kinyagia’s Disappearance
Kinyagia’s disappearance in June 2025 sparked public concern and legal action after he could not be located at his Kinoo residence. His lawyer, Wahome Thuku, later said Kinyagia had gone into hiding because he feared for his safety after learning that DCI officers were looking for him. The lawyer confirmed that the blogger had contacted a family member from an undisclosed location to assure them that he was safe.
The Law Society of Kenya subsequently raised concerns over his whereabouts and sought court intervention to establish his location. The High Court ordered senior police officials to account for Kinyagia’s whereabouts after the DCI officers were identified as among the last people known to have visited his residence before he disappeared. Justice Chacha Mwita ordered DCI Director Mohamed Amin to appear before the court and explain the circumstances surrounding the matter.
Police Position
The DCI maintained that Kinyagia had not been arrested and said officers had only gone to his residence as part of their investigations. DCI officials told the court that their interest in Kinyagia was linked to an X account that had shared material concerning planned demonstrations. Police described the content as inflammatory and said they were seeking to establish the person behind the account. Police also acknowledged that officers searched the residence and removed electronic devices and other items during the operation.
Court Intervention
The case attracted significant public attention, particularly amid wider concerns at the time over the disappearance and arrest of government critics and young activists. Kinyagia eventually appeared before the Milimani Law Courts after spending days away from his home. His return to court followed sustained legal efforts to establish his whereabouts and ensure his safety.
The latest High Court ruling has now found that aspects of the police operation and subsequent investigative process violated Kinyagia’s constitutional rights. The KSh5 million award is intended to compensate him for the rights violations established by the court, while the orders restricting further prosecution arising from the challenged process prevent the matter from proceeding on the basis found to be unconstitutional.
