High Court orders DCI to release blogger Ndiangui Kinyagia’s passports
A Nairobi High Court has ordered the Directorate of Criminal Investigations (DCI) to release blogger and IT expert Ndiangui Kinyagia’s passports and international vaccination card.
Justice Bahati Mwamuye on Thursday, December 18, 2025, directed the DCI to return the documents to the blogger by the close of business on Monday, December 22, 2025.
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Ndiangui, through his lawyers led by senior counsel Martha Karua, filed a notice of motion application on December 10, 2025, seeking a review of the court’s previous directions that had rejected his request for the release of his travel documents by the DCI.
In the new application, Ndiangui sought the release of the documents to enable him to travel to Florida in the United States of America (USA) to pursue a master’s degree in science.
In his ruling, Justice Mwamuye stated that he was satisfied that the petitioner applicant, Ndiangui, had secured admission to a Florida university to pursue a master’s degree in science, commencing in March 2026.
Further, he noted that he had not found any reason for the DCI to continue holding the IT expert’s passports and international vaccination card, observing that the DCI had failed to demonstrate any lawful grounds for retaining the documents.
In addition, the judge noted that the process of acquiring a student visa is lengthy and requires sufficient time.
“I take judicial notice that a student visa application is a lengthy process, and I see no reason why the respondent (DCI) should continue to hold travel documents not covered by an order of the lower court on the basis of investigations,” Justice Mwamuye ruled.
“The petitioner applicant, Ndiangui, has demonstrated good and sufficient grounds for this court to order the immediate release of the two passports and the international vaccination card.”
The court ordered the investigative officer, Chief Inspector Nickson Kinywa, to personally hand over the documents to Ndiangui and his counsel on or before Monday, December 22, 2025.
“Consequently, the petitioner and all his counsel shall attend the Directorate of Criminal Investigations (DCI) Headquarters Serious Crimes Unit on Monday, December 22, 2025, at 9 am for the purpose of receiving the said documents ordered to be released,” Justice Mwamuye ruled.
On November 10, 2025, Justice Lawrence Mugambi rejected Ndiangui’s plea seeking to compel the DCI to release his travel documents to address an emergency that had arisen.
Lawyer Mola informed the court that his client was expected to accompany his sister, who was scheduled to seek medical treatment in India, adding that the travel could not take place as long as his client’s documents remained in DCI custody.
He argued that health emergencies cannot wait and that the trip to India was urgent; therefore, the client’s travel documents should be released without delay.
“Our client is required to accompany his sister to India for treatment, and, my lord, that will be impossible if the passport and the yellow fever card are being held by the first and second respondents (DCI and IG) for no apparent reason, and no explanation has been provided in the replying affidavit,” lawyer Mola told the court.
“My lord, even as we wait for them to file their submissions and for the court to issue a ruling on the conservatory orders, we humbly plead with this honourable court—for the sake of the patient—that the travel documents be released at this interim stage, pending the hearing and determination of our application,” Mola added.
However, the court heard that Ndiangui’s application for the release of the documents was not accompanied by any proof of the alleged emergency.
Justice Mugambi subsequently dismissed the application and directed the DCI, the Inspector General (IG), the Director of Public Prosecutions (DPP), and the Attorney General (AG) to file their submissions within seven days.
“It has not been proved by way of affidavit, which amounts to a submission from the bar. The court declines to act on that information and instead directs the respondents to file their submissions on the application within the next seven days,” Justice Mugambi ruled.
The court also heard that Ndiangui was still under investigation.
According to State Counsel Rukiya, the affidavit filed in court by the investigative officer indicated that the matter was under active investigation, thus opposing Ndiangui’s application for the release of his passport and yellow fever card.
Counsel Rukiya told the court that all items seized from Ndiangui’s apartment in Kinoo, along Waiyaki Way, on June 21, 2025, were under investigation and could not be released at that time.
“The affidavit that we filed—the officer has intimated that this matter is under active investigation, and that is why the petitioner’s gadgets, together with any other items that may have been seized, are subject to investigation,” State Counsel Rukiya told the court.
