Tech entrepreneur Ndiangui Kinyagia has been awarded Sh5 million in damages after the High Court found that a police raid on his home in June 2025 violated his constitutional rights. The raid, which took place on June 21, 2025, at his residence in Kinoo, Kiambu County, resulted in the seizure of several items. Kinyagia had gone into hiding after learning that police officers had visited his home, prompting concern from his family.
The case began when police officers went to Kinyagia's home in connection with an investigation. Although they failed to find him, they entered the house and seized several items. His mother, unable to reach him, sought assistance from the Law Society of Kenya, which helped initiate habeas corpus proceedings to determine his whereabouts. Kinyagia later resurfaced and told the court that he had gone into hiding due to fear for his safety.
The habeas corpus case was later closed, and Kinyagia pursued a separate constitutional petition challenging the search, seizure of his property, and the conduct of the investigation. Justice Patricia Mande ruled that the Director of Criminal Investigations (DCI) and the Inspector General of Police Douglas Kanja had violated Kinyagia's rights to privacy and property. The court also found that they had violated his rights to dignity, freedom, and security of the person and freedom of movement.
The court ruled that the police had failed to demonstrate that circumstances existed to conduct a search without a warrant. Justice Mande stated that the police had invaded, searched, and seized Kinyagia's property without lawful authority. The judge also noted that the events had affected Kinyagia's sense of safety and dignity, citing a psychological evaluation report that indicated he had suffered significant psychological distress.
Kinyagia had told the court that he went into hiding after learning that people suspected to be police officers had gone to his home. The judge described his fear as a rational response to the conduct of the state agents. Justice Mande emphasized that the Constitution protects all people, including those who are frightened or vulnerable, from the coercive exercise of public power.
The court considered the subsequent attempt by investigators to have the seized electronic devices subjected to forensic examination. Justice Mande ruled that the violations were not incidental to the investigation but were foundational to it. The judge issued an order of prohibition, barring the Director of Public Prosecutions (DPP) from instituting any prosecution against Kinyagia arising from the unconstitutional investigative process.
The court ordered that the award of Sh5 million would attract interest from the date of judgment until payment is made in full. The two authorities involved were also ordered to pay the costs of the petition. The ruling was made on September 22, 2026, nearly 13 months after the incident.
Key points
- The High Court found that the police raid on Kinyagia's home in June 2025 was unlawful.
- The court awarded Kinyagia Sh5 million in damages for the violation of his rights.
- The Director of Public Prosecutions (DPP) has been barred from instituting any prosecution against Kinyagia arising from the investigative process.
