Nairobi, September 22- Tech entrepreneur Ndiangui Kinyagia has been awarded Sh5 million in damages after the High Court found that a police search of his home in Kinoo, Kiambu County, violated his constitutional rights.
The case arose from a June 21, 2025, raid during which officers entered Kinyagia’s residence and seized several items while looking for him. Following the incident, Kinyagia went into hiding, saying he feared for his safety. His mother later sought assistance from the Law Society of Kenya after she was unable to reach him.
In a constitutional petition, Kinyagia challenged the search, seizure of his property and the conduct of the subsequent investigation.
Justice Patricia Mande ruled that the Directorate of Criminal Investigations (DCI) had violated his rights to privacy and property. The court also found that the conduct of the DCI and Inspector General of Police Douglas Kanja infringed on his rights to dignity, security and freedom of movement.
The judge noted that the police had not demonstrated that circumstances existed to justify conducting the search without a warrant. She further observed that the incident caused Kinyagia significant psychological distress and affected his sense of safety.
The court also barred the Director of Public Prosecutions from instituting criminal proceedings against Kinyagia arising from the investigative process, issuing an order of prohibition.
Justice Mande awarded him Sh5 million in general damages, payable jointly by the DCI and the Inspector General of Police. The respondents were also ordered to pay the costs of the petition, with the compensation attracting interest until fully settled.
