The High Court has awarded tech entrepreneur Ndiang’ui Kinyagia Ksh5 million after finding that police violated his constitutional rights during a 2025 raid at his home in Kinoo.
In a court ruling on September 22, Justice Mande ruled that the officers unlawfully entered Kinyagia’s house, searched the premises, and seized his belongings without demonstrating that the circumstances justified conducting a search without a warrant.
The court found that the actions violated Kinyagia’s right to privacy under Article 31 of the Constitution, which protects individuals against unlawful searches and entry into their homes.
“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 Mande ruled.
Ndiang’ui Kinyagia Awarded Ksh5 Million Over Unlawful Police Raid
The court also held the DCI and Inspector General of Police Douglas Kanja responsible for breaches of Kinyagia’s rights to dignity, freedom and security of the person, and freedom of movement.
Justice Mande said the police had not established any exceptional circumstances that would have permitted them to search the home without obtaining a warrant.
The judge further considered the impact of the incident on Kinyagia’s personal safety and dignity.
Justice Mande held that the conduct of state agents had effectively restricted Kinyagia’s freedom of movement after the events caused him to leave his home because he feared for his safety, amounting to a violation of Article 39 of the Constitution.
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She further noted that constitutional protections apply to everyone, including people who may be vulnerable or fearful, and cannot be limited based on a person’s ability to withstand the use of state power.
The judge stressed that the Constitution protects the dignity and rights of all individuals, particularly where the exercise of public authority creates fear or places a person in a vulnerable position.
“The Constitution does not reserve its protection for the bold, the powerful, or the unafraid. It extends its full shelter to the vulnerable, the frightened, and all persons whose dignity is imperiled by the coercive force of public power,” the judge said.
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How The Raid Was Conducted
On the night of June 21, 2025, DCI officers raided Ndiang’ui Kinyagia’s home in Kinoo, Kiambu County.
The officers entered the house without a warrant, searched the premises and took away his work equipment and personal belongings.
The raid was linked to Kinyagia’s social media activity, including a post in which he shared a “timetable” connected to planned anti-government protests over the Finance Bill 2025.
Ndiang’ui Kinyagia was not at home when the officers arrived. After learning that heavily armed DCI officers were searching for him, he went into hiding, remaining out of public view for 13 days over fears for his safety.
On July 3, 2025, Kinyagia appeared at the Milimani Law Courts in Nairobi alongside his lawyers, ending days of uncertainty over his whereabouts. He confirmed that he had been staying in a secure location and had not been in police custody.
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