Court declines to block police from arresting IT expert Ndiangui Kinyagia
By Zipporah Ngwatu, September 16, 2025A Nairobi High Court has declined to issue an order barring the Directorate of Criminal Investigations (DCI) from taking further steps against arresting blogger and IT expert Ndiangui Kinyagia.
Justice Chacha Mwita, in his ruling on Tuesday, September 16, 2025, stated that he does not see any need to issue the order which Senior Counsel Martha Karua, representing Kinyagia, had sought.
He noted that Kinyagia has been reporting to the officers investigating his matter and may have recorded a statement that they might have needed.
Further, he stated that constitutionally, the police have no authority or reason to frustrate or torture any citizen; thus, Kinyagia should not have any fears.
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“The police have therefore no reason or authority to frustrate or torture anyone, including the second petitioner (Kinyagia), and should be reminded of the constitutional command that they have to the highest standard of human rights, which I think is in the constitution, Article 244, and also the Police Service Act,” Justice Mwita ruled.
Threats
However, the judge stated that in case the IT expert receives any threats, then the court will handle the matter immediately.
“Any threats against the second petitioner (Kinyagia) can be dealt with as and when they arise. This court does not act in anticipation only,” Justice Mwita ruled.
On July 24, 2025, Ndiangui informed the court of his fears for his life, urging the court to protect him from being arrested.
He told the court that he is terrified of what would happen to him in case the state agents arrest him.
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Further, he urged the High Court to extend the orders that it had issued barring the police from arresting him.
“Your honour, I fear for my life, and I request the court to extend the orders barring my arrest by the police,” Kinyagia pleaded with the court.
This led Justice Mwita to extend the no-arrest orders until further notice.
The court has also directed the police to return all the items or property they took from Ndiangui’s residence once they are done with investigations, if any.
“Regarding the items taken from the second petitioner’s (Kinyagia) residence, the property belongs to him in the absence of any claim of ownership by any other person. Police should be able to release or return that property to the petitioner once they are done with investigations, if any,” Justice Mwita ordered.
“This petition is hereby marked withdrawn with no orders to costs. I wish you well,” Judge Mwita ruled.