Court orders DCI to release blogger Ndiangui's travel documents for US studies

Blogger Ndiangui Kinyagia at Milimani Law Courts. [Boniface Okendo, Standard]

Blogger and IT specialist Ndiangui Kinyagia will be able to pursue a Master’s degree in science in Florida, USA, after a Nairobi High Court directed the Directorate of Criminal Investigations (DCI) to return his passport and international vaccination card by Monday, December 22, 2025. 

Justice Bahati Mwamuye ruled on Thursday, December 18, 2025, that there was no lawful reason for the DCI to continue holding Ndiangui’s travel documents.

The judge emphasised that the time required to process a student visa is significant, and withholding the documents would unnecessarily delay his academic plans.

“I take judicial notice that a visa application for a student visa 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 stated.

The ruling followed an application filed by Ndiangui on December 10, 2025, through his lawyers led by Senior Counsel Martha Karua, seeking a review of a previous decision that had denied his request to have the documents released.

In the application, Ndiangui asked the court to release the documents so he could travel to Florida, USA, to begin a Master’s degree in science in March 2026.

Karua informed the judge that Ndiangui had received admission to a Florida university to commence his studies next year.

In his ruling, Justice Mwamuye said he was satisfied that Ndiangui had provided sufficient justification for the court to order the immediate release of his two passports and international vaccination card.

The judge directed Chief Inspector Nickson Kinywa to personally hand over the documents at the DCI Headquarters’ Serious Crimes Unit by 9 a.m. on 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 9am for the purposes of receiving the said documents ordered to be released,” Justice Mwamuye ruled.

The matter follows an earlier application on November 10, 2025, in which Justice Lawrence Mugambi rejected Ndiangui’s plea for an emergency release of the documents.

At the time, Ndiangui’s lawyers argued that he needed to accompany his sister to India for urgent medical treatment.

“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,” his lawyer told the court.

However, Justice Mugambi dismissed the request, noting that no evidence had been provided to support the claimed emergency and directing the DCI, Inspector-General (IG), Director of Public Prosecutions (DPP), and Attorney General (AG) to file their submissions within seven days.

During the proceedings, State Counsel Rukiya informed the court that items seized from Ndiangui’s Kinoo apartment along Waiyaki Way on June 21, 2025, remained under active investigation, including his gadgets, and could not be released at that stage.

"The affidavit that we filed, the officer has intimated that this matter is under active investigation, and that is why the petitioners' gadgets, together with any other item that may have been seized, are subject to investigation," Rukiya said.