Tech entrepreneur Ndiang’ui Kinyagia has been awarded Sh5 million in damages after the High Court found that a police raid on his home in Kinoo, Kiambu County, violated his constitutional rights.
Justice Patricia Mande ruled that the Directorate of Criminal Investigations (DCI) and other state agencies violated Kinyagia’s rights to privacy, property, dignity, security and freedom of movement during the June 21, 2025, operation.
The case arose from a police search of Kinyagia’s residence, where officers entered the house and seized several items while investigating a matter. The officers reportedly failed to find Kinyagia at home.
Kinyagia subsequently went into hiding after learning that suspected police officers had visited his residence, prompting concern from his family over his whereabouts.
His mother, who was unable to reach him, sought assistance from the Law Society of Kenya, which helped initiate habeas corpus proceedings seeking information on his whereabouts.
Kinyagia later resurfaced and told the court that he had gone into hiding because he feared for his safety. The habeas corpus proceedings were subsequently closed, after which he filed a separate constitutional petition challenging the search, seizure of his property and the conduct of the investigation.
In her ruling, Justice Mande found that the police had failed to demonstrate that circumstances existed to justify conducting a search without a warrant.
“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,” the judge ruled.
The court further found that the seizure of Kinyagia’s property violated his right to property under Article 40 of the Constitution.
Justice Mande also held that the conduct of the Directorate of Criminal Investigations and Inspector General of Police Douglas Kanja violated Kinyagia’s rights to dignity, freedom and security of the person, as well as freedom of movement.
The judge noted that the events had affected Kinyagia’s sense of safety and dignity, citing a psychological evaluation report that indicated he had experienced significant psychological distress.
Kinyagia had told the court that he went into hiding after learning that people believed to be police officers had visited his home.
Justice Mande said the fear he experienced was neither fanciful nor speculative, describing it as a rational response to the conduct of state agents.
The court also barred the police and the Director of Public Prosecutions from prosecuting Kinyagia on the basis of the investigative process, which it found to be unconstitutional.
