The High Court has awarded tech entrepreneur Ndiangui Kinyagia Sh5 million in damages after finding that police violated his constitutional rights during a raid at his home in Kinoo, Kiambu County, in June 2025.
Justice Patricia Mande ruled that officers from the Directorate of Criminal Investigations (DCI) unlawfully entered and searched Kinyagia’s home and seized his property without demonstrating that circumstances existed to justify a search without a warrant. The court found that the actions violated Kinyagia’s rights to privacy and property, as well as his rights to dignity, security of the person and freedom of movement.
The case arose from a June 21, 2025 operation at Kinyagia’s residence after police went there in connection with an investigation. The officers reportedly failed to find him but proceeded to search the house and seize several items. Kinyagia later went into hiding after learning that police officers had visited his home. His family became concerned about his whereabouts, prompting his mother to seek assistance from the Law Society of Kenya, which helped initiate habeas corpus proceedings. He later resurfaced and told the court that he had gone into hiding because he feared for his safety.
In her judgment, Justice Mande said the police had failed to establish a lawful basis for conducting the search without a warrant and found that the seizure of Kinyagia’s property violated Article 40 of the Constitution. The court also considered evidence that Kinyagia suffered psychological distress following the incident.
Justice Mande further ruled that the investigative process could not form the basis of a criminal prosecution against Kinyagia. She issued an order of prohibition barring the Director of Public Prosecutions from instituting criminal proceedings against him arising from the investigative process.
The judge said the constitutional violations were fundamental to the investigation, noting that investigators had seized the property before attempting to establish legal authority for their actions. The DCI and Inspector General of Police Douglas Kanja were ordered to jointly pay Kinyagia Sh5 million in general damages.
