The High Court in Nairobi has declined an application filed by blogger and IT expert Ndiangui Kinyagia, who sought the release of his travel documents currently held by the Directorate of Criminal Investigations (DCI) and the Directorate of Public Prosecutions (DPP) to address what he described as a family medical emergency.
Appearing before Justice Lawrence Mugambi on Monday, November 10, 2025, Kinyagia, through his lawyer Mola, told the court that he needed his passports and yellow fever vaccination card to travel to India with his sister, who requires urgent medical treatment.
Mola argued that the health situation was time-sensitive and that the continued detention of the documents was unjustified.
“Our client is required to accompany his sister to India for treatment. That will be impossible if his passport and vaccination card remain with the DCI and DPP, who have offered no explanation for holding them,” he told the court.
The lawyer urged the court to release the documents pending the full hearing of Kinyagia’s main application. However, Justice Mugambi ruled that the claim of a medical emergency had not been substantiated through proper evidence.
“The alleged emergency has not been proven by way of affidavit, and the court cannot act on submissions from the bar,” the judge stated. He directed the DPP and DCI to file their submissions within seven days.
Kinyagia initially moved to court on September 18, 2025, seeking conservatory orders to compel the DCI to return several items seized from his home, including two laptops (Dell and HP), two mobile phones, two passports, and an international vaccination card.
During an earlier hearing on October 14, 2025, his lawyers argued that the confiscated electronics were essential work tools for his IT practice and that the seizure had restricted his ability to earn a living and travel for business.
“As an IT professional, these are tools he relies on to work. His travel has also been restricted since his passports and vaccination card are still in DCI custody,” his lawyer submitted.
In the broader suit, Kinyagia has also sought orders barring the DCI, Inspector General of Police, DPP, and Attorney General from allegedly harassing, intimidating, or detaining him. He further asked the court to restrain the DPP from preferring charges related to a post allegedly published from his compromised X (Twitter) account until the matter is heard and determined.
This legal battle follows a September 16, 2025 ruling by Justice Chacha Mwita, who declined to stop the DCI from continuing investigations against Kinyagia. Mwita noted that the blogger had cooperated with investigators and that any claims of intimidation or harassment could be addressed as they arise.
“The police have no authority to frustrate or torture any citizen and must adhere to the constitutional standards of human rights,” Justice Mwita ruled, citing Article 244 of the Constitution and the National Police Service Act.
The High Court is expected to deliver a ruling on the matter on January 15, 2026.
