A Nairobi court has refused to grant a request for the release of a passport belonging to IT expert and social media commentator Ndiang’ui Kinyagia, who is currently under investigation over undisclosed offences.
The case, which has attracted public curiosity, centers on documents and travel papers seized from Kinyagia, which the state says are critical to ongoing investigations.
The court was informed that the Director of Public Prosecutions is considering filing charges against him once the investigations are complete.
Prosecutors strongly opposed the release of Kinyagia’s passport, arguing that allowing him to travel could jeopardize the probe and interfere with the evidence already gathered.
The state counsel told the court that releasing the documents at this point would compromise the integrity of the investigation and hinder progress on the case.
Through his lawyer, Kinyagia pleaded with the court to have his passport returned temporarily, explaining that he needed to travel urgently to India to accompany his sister for medical treatment. His lawyer argued that the state had not provided any explanation for withholding both his yellow fever vaccination card and passport, calling the situation unfair and unnecessary.
The lawyer emphasized that matters of health cannot be delayed and that Kinyagia’s intention to travel was purely for humanitarian reasons and not to evade justice.
He urged the court to issue interim orders that would allow his client to assist his sister in seeking medical care abroad while the case continues.
Despite the emotional appeal, the court declined to issue temporary orders for the release of the passport. The judge instead directed that Kinyagia file written submissions detailing his request and arguments, noting that a ruling on the matter would be delivered on January 15, 2026.
The decision means that Kinyagia will have to wait for the formal court determination before he can retrieve his travel documents, leaving uncertainty about his ability to fulfill his family obligation.In a separate but related development, the court allowed the release of a passport belonging to Dan Achola Okoth, the son of former Migori Governor Okoth Obado.
Achola, who is facing a Ksh.505 million fraud case before the anti-corruption court at Milimani, was granted access to his passport to facilitate a business trip abroad.
However, the court imposed conditions requiring his advocate to provide evidence of the planned travel, including the itinerary and proof of his board membership, before he departs.
The court scheduled the matter for mention on December 8 to confirm compliance with these directions and issue further instructions.
