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 documents and travel papers could jeopardize the investigations.

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

Ndiangui Kinyagia disappeared in June 2025 after his home was raided by suspected police officers who took his electronic devices. 

His disappearance sparked public outcry and fear of abduction, as it was linked to a viral social media post about anti-government protests. 

Kinyagia later surfaced in court in July 2025, confirming he had been in hiding out of fear for his life and was not abducted.