A Nairobi court has declined to release the passport of IT expert and social media commentator Ndiang’ui Kinyagia, who is currently under investigation over undisclosed offences.
During the proceedings, prosecutors argued that documents seized from Kinyagia are part of ongoing investigations and that the Director of Public Prosecutions (DPP) is considering preferring charges against him. State counsel emphasized that releasing the passport could jeopardize the probe.
“I am inclined to object to the release of the documents as it will compromise the ongoing probe,” the state counsel told the court.
Kinyagia, through his lawyer, pleaded with the court for access to his passport, citing the need to travel to India to accompany his sister for urgent medical treatment. His lawyer argued that health emergencies cannot wait and questioned why both his yellow fever certificate and passport were being withheld without clear reasons.
Despite these arguments, the court declined to issue interim orders and directed Kinyagia to file written submissions. A ruling on the matter is scheduled for January 15, 2026.
In a separate case, the court allowed the release of the passport belonging to Dan Achola Okoth, son of former Migori Governor Okoth Obado, to facilitate a business trip abroad. The court, however, instructed that the advocate for Achola must provide evidence of the travel itinerary and board membership before departure. The matter is set to be reviewed on December 8 to confirm compliance and provide further directions.
Achola is facing charges of Ksh. 505 million fraud before the Anti-Corruption Court at Milimani Law Courts.
This ruling highlights the judiciary’s cautious approach in balancing ongoing investigations with personal emergencies, a stance that could have wider implications for individuals seeking travel for urgent personal matters amid active legal probes.
