The High Court of Kenya has awarded IT expert Ndiangui Kinyagia Sh5 million following a ruling that a police raid on his home was unconstitutional. The raid occurred on June 21, 2025, during the Gen Z protests. Justice Patricia Nyaundi delivered the judgment, finding that police violated Kinyagia's rights by entering and searching his home without demonstrating they had met the legal requirements for a warrantless search.
According to the court's findings, police officers went to Kinyagia's residence following investigations into an X post considered inflammatory and seditious. The Directorate of Criminal Investigations had sought assistance from the Communications Authority of Kenya to analyze and preserve material associated with the account. Officers remained at the premises for much of the day, attempting to reach Kinyagia, before forcibly entering the house and seizing various items.
The court ruled that the police operation violated Kinyagia's rights to privacy, property, dignity, freedom, and security of the person, and freedom of movement. Justice Nyaundi declared that the actions of the police violated the petitioner's rights and awarded general damages of Sh5 million, payable jointly by the Inspector General of Police and the Director of Criminal Investigations.
The judge also barred the Director of Public Prosecutions from prosecuting Kinyagia on the basis of investigations arising from the unlawful operation. Justice Nyaundi found that the criminal process could not be used to legitimize unconstitutional police conduct. She issued a prohibition, preventing the DPP from instituting any prosecution against Kinyagia arising from the unconstitutional investigative process.
Justice Nyaundi rejected the police argument that their actions were protected by their investigative mandate, saying they failed to demonstrate why they could dispense with a search warrant. The judge emphasized that Section 60 of the National Police Service Act is a constitutional safeguard requiring officers to give reasons for bypassing the requirement for a warrant.
The court also awarded Kinyagia costs of the petition, with interest at court rates from the date of judgment until payment in full. Justice Nyaundi concluded that police powers to investigate crime remained subject to constitutional limits, stating that beyond that boundary lies not law enforcement but abuse of power.
The case arose after Kinyagia's family sought help from the Law Society of Kenya following his disappearance. A habeas corpus application was filed, and the court ultimately ruled in favor of Kinyagia. The judgment was delivered on September 22, 2026, by Justice Patricia Nyaundi.
Key points
- The High Court awarded IT expert Ndiangui Kinyagia Sh5 million for the unconstitutional police raid on his home.
- The court ruled that police violated Kinyagia's rights to privacy, property, dignity, freedom, and security of the person, and freedom of movement.
- The Director of Public Prosecutions was barred from prosecuting Kinyagia on the basis of investigations arising from the unlawful operation.
