All 185 suspects arrested for taking part in anti-government demonstrations in Nairobi's Central Business District on July 2, 2024, have been released on bond.
Milimani Senior Principal Magistrate Wandia Nyamu released 167 of the youthful protesters on personal bond of Sh50,000 each.
Eighteen underage suspects were released on a personal bond of Sh10,000 each.
Ms Wandia rejected the Director of Public Prosecutions's request that the suspects be remanded in custody for 21 days.
"I have considered the application to detain the suspects for 21 days and find that it does not meet the legal threshold and therefore release all the suspects on personal bond," Ms Wandia ruled.
Prosecutors on Wednesday clashed with 17 defence lawyers among them Levi Munyeri, Hosea Manwa, Wahome Thuku and Suyianka Lempaa in a legal showdown that played out before senior principal magistrate Wandia Nyamu over what the court was told were illegal arrests of Kenyans exercising their constitutional rights to picketing.
Ms Nyamu heard from a 16-year-old demonstrator that he had neither eaten nor drank water since he was arrested.
Mr Munyeri informed the court majority of the suspects were tortured and had not been accorded any medication. He said about 20 suspects could hardly walk due to various injuries inflicted upon them by the police.
The suspects, who were driven into the law courts in five police lorries, chanted “We are innocent” and “Ruto must go” as they were being escorted into court cells.
They remained in the court cells for over four hours before they were arraigned before Ms Nyamu after 3.30pm. Pressing for the grant of the 21-day detention period, prosecuting counsel Judy Koech said the 185, among them 18 minors, were arrested on Tuesday in downtown Nairobi where wanton destruction of property and lives was witnessed.
Ms Koech requested for the suspects to be detained at Capitol Hill, Kilimani, Muthangari and Gigiri police stations to enable investigators to complete the probe and identify them. The magistrate heard that over 50 people have so far been killed in the protests.
Ms Koech said the demonstrators mounted barriers along city roads and also “shot and injured APC Avutanga Asaya” with a pistol.
“Police are yet to recover the firearm,” Ms Koech stated.
Besides looting businesses within the city centre, a police vehicle was extensively damaged, she said.
“The investigations are ongoing and we are yet to recover the firearm used to injure APC Asaya,” the prosecutor told the court.
Opposing the prosecutor’s call for the suspects’ detention, defence lawyers said those who looted businesses were hired goons.
“Those who shot at police were hired goons with a mission to cause mayhem. These youth who are job seekers neither stole nor burnt down business premises,” Mr Munyeri submitted.
Mr Lempaa, Mr Thuku and Manwa urged the court to free their clients and order the police to track down and arrest “the real criminals”. Mr Manwa said picketing is permitted under the law and “no one should be arrested and prosecuted for exercising their rights.”
The lawyers asked the court to take judicial notice that President William Ruto has since returned to Parliament the impugned Finance Bill, 2024 without assenting to it due to the pressure mounted by the Gen Z’s.
She heard that police have defied a High Court order not to use live bullets, water cannons and force on demonstrators.
By the time of going to press Ms Nyamu was still hearing the application to detain the 185 for 21 days. The application to detain them was supported by an affidavit signed by police Inspector George Njoroge
