Court declines to release Ndiang’ui Kinyagia's passport for medical travel

A Nairobi court has declined to order the release of a passport belonging to IT expert and social media commentator Ndiang’ui Kinyagia, who is under investigation over undisclosed offences.

The court was told that documents seized from Kinyagia are subject to ongoing investigations and that the Director of Public Prosecutions (DPP) is considering preferring charges against him. Prosecutors argued that releasing the document could jeopardize the investigations.

“I am inclined to object to the release of the documents as it will compromise the ongoing probe,” the state counsel told court.

Kinyagia, through his lawyer, pleaded with the court to allow him access to his passport, saying he needed to travel to India to accompany his sister for urgent medical treatment.

“He does not know why his yellow fever card and passport are being held. No reasons have been given by the respondents. Health does not wait, the travel to India is an emergency,” his lawyer argued, urging the court to order the release of the documents at this interim stage.

However, the court declined to issue interim orders for the release of the passport and instead directed Kinyagia to file written submissions, with a ruling set for January 15, 2026.

In another case, the court directed that the passport of the Dan Achola Okoth, son to former Migori governor Okoth Obado be released.

The advocate for the accused is required to provide evidence of the travel itinerary and board membership prior to travel.

The matter will be mentioned on December 8 to confirm compliance and for further directions.

Achola is charged with Ksh.505 million fraud before the anti-corruption court at Milimani Law Court .