Tech blogger and entrepreneur Ndiang’ui Kinyagia has told the High Court that the prolonged detention of his personal documents and professional equipment by state authorities has crippled his business operations and restricted his freedom of movement.
Appearing before Justice Lawrence Mugambi on Tuesday, Ndiang’ui, through his lawyer, argued that the state has offered no valid reason for withholding his essential tools of trade. He said the seizure has left him unable to transact, communicate with clients, or travel abroad for business engagements.
“It’s our humble plea for saving judicial time, you grant us orders because items seized are our client’s tools of trade,” he told the court.
According to his lawyer, the confiscated items include passports, an international vaccination card, and digital devices vital to his work as a technology consultant. Ndiang’ui said the continued detention of these items has not only halted his projects but also cut him off from opportunities beyond Kenyan borders.
“No explanation has been given on why they have been seized, and the continued detention of the items, including passports and an international vaccination card, means he can’t travel outside the country for whichever business,” his lawyer added.
In his application, Ndiang’ui asked the court to order the immediate release of the items, saying the prolonged detention amounts to a violation of his fundamental rights and freedoms. The court heard that a similar plea had earlier been raised orally during a habeas corpus petition that followed his alleged disappearance and subsequent reappearance. That earlier petition had sought protection from unlawful detention.
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Justice Mugambi was informed that despite the earlier plea, the issue of the seized items remains unresolved, prompting Ndiang’ui to refile it formally under the current case. His legal team argued that the court should act quickly to “save judicial time” and uphold his constitutional rights.
However, the Office of the Director of Public Prosecutions (ODPP), represented by state counsel Rukiya Ibrahim, opposed the request. She maintained that it was premature to issue such orders since the matter was only listed for mention, not hearing, and the respondents had not yet filed their replying affidavit.
Justice Mugambi agreed with the ODPP, saying that issuing immediate release orders would amount to an ambush.
“It would be an ambush to grant such orders at this stage. The respondents should file their replying affidavit before the court can consider the matter,” he ruled.
The judge directed the ODPP to file their responses within seven days and scheduled the case for mention on November 10, 2025, when a hearing date will be set.
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