The High Court has awarded tech entrepreneur Ndiang’ui Kinyagia Ksh5 million in damages after finding that officers from the Directorate of Criminal Investigations (DCI) unlawfully raided his home during the June 2025 protests.
Justice Patricia Nyaundi ruled that the raid violated Kinyagia’s constitutional rights to privacy, property, dignity, security of the person and freedom of movement.
The judge found that the officers entered and searched his home and seized his belongings without obtaining lawful authority, contrary to Article 31 of the Constitution, which protects the right to privacy.
“I find that the first, second and fourth respondents violated the petitioner’s right to privacy as guaranteed under Article 31 of the Constitution when they entered his house, searched it and seized his items in contravention of the law,” Justice Nyaundi ruled.
The court also noted that a medical assessment showed Kinyagia experienced psychological distress following the raid, which resulted in him going into hiding.
Justice Nyaundi further barred the National Police Service (NPS) and the Director of Public Prosecutions (DPP) from prosecuting Kinyagia using evidence obtained during the unconstitutional search.
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“The police did not first obtain lawful authority and then investigate. They invaded, searched, and seized, and only thereafter sought to clothe their conduct with the appearance of legality,” the judge said.
The court directed the DCI and Inspector General of Police Douglas Kanja to jointly pay Kinyagia the Ksh5 million compensation, together with interest from the date of judgment and the costs of the case.
Kinyagia went missing after DCI officers raided his home in June 2025, following allegations linking him to a social media account associated with a viral post calling on Kenyans to march to State House.
The then DCI Director Amin Mohamed confirmed that Kinyagia was a person of interest but denied that he was in police custody.
He resurfaced in court several days after a petition was filed seeking orders requiring law enforcement agencies to produce him before the court.
Kinyagia appeared visibly shaken during the court appearance, while his lawyers requested privacy as he was reunited with his family.
