Halima Ngache, the woman accused of publishing President William Ruto’s flight details online, will have to wait until July 14, 2026, to know whether the High Court will order the return of the electronic devices and other property seized from her during her arrest.
Justice Muteti postponed the ruling after stating that he required additional time to prepare a reasoned decision because the criminal case file from the lower court was availed to him late.
Ngache, through her lawyer Ian Mutiso, has petitioned the High Court challenging the legality of her arrest, the search of her residence, the seizure of her electronic devices, her transfer from Mombasa to Nairobi, and her subsequent detention.
The court heard that she was arrested in the early hours of June 30, 2026, at her home in Kazandani, Mombasa, by police officers who allegedly failed to produce a warrant of arrest.
According to her application, the officers proceeded to search her home and confiscate her mobile phones and laptop without obtaining prior judicial authorization, contrary to Article 31 of the Constitution and Sections 118 and 120 of the Criminal Procedure Code, which regulate the search and seizure of electronic devices. Ngache contends that the information relating to the President’s private jet was publicly available through open-source aviation tracking platforms and, therefore, could not lawfully form the basis of a criminal prosecution for publishing the flight details.
In her petition, she asks the High Court to declare that her arrest, the search of her residence, the seizure of her property, her inter-county transfer, her alleged incommunicado detention, and the proceedings that culminated in the issuance of a three-day custodial order were unconstitutional, unlawful, irregular, and procedurally improper. She further seeks orders compelling the police to immediately return all electronic devices and other property allegedly seized without lawful authority.
Ngache also wants the court to find that the warrantless search and seizure of her electronic devices violated her right to privacy under Article 31(b) and (c) of the Constitution, and to declare that any evidence obtained through the allegedly unlawful search is inadmissible under Article 50(4) of the Constitution.
Justice Muteti is expected to deliver the ruling on the application on July 14, 2026.
