Omtatah and 22 protesters freed as court rejects police bid to detain them
Anti-abduction protesters, incuding Busia Senator Okiya Omtatah, chant solidarity songs at the Milimani Law Court on December 31, 2024, during plea taking after being arrested the previous day.
A court in Nairobi has rejected the police's bid to detain Busia Senator Okiya Omtatah and 22 others for 14 days, saying no compelling reasons were given for doing so. Milimani Principal Magistrate Rose Ndombi also released the 23 on Sh50,000 bond with surety or cash bail of Sh1,000 each.
When they were brought before court on Tuesday, coming a day after their arrest during anti-abduction protests in the city, the police said they wanted them detained to allow investigations into allegations of incitement to violence and civil disobedience.
The Directorate of Criminal Investigations (DCI) added that the 23 persons may continue to disrupt peace if released.
“The respondents are a threat to peace and stability of the country as they continuously incite members of the public via social media platforms, and will cause disharmony if released,” Mr Anthony Kerini said in an affidavit.
Anti-abduction protesters chant solidarity songs at the Milimani Law Court on December 31, 2024, during plea taking after being arrested the previous day.
Opposed by Karua, Musyoka
The application was, however, opposed by defence lawyers led by senior counsels Kalonzo Musyoka and Martha Karua, who urged the court to order the release of the 23 on free bond.
"The application to detain for 14 days lacks merit. They should be released on bond. Police cannot ask for 14 days to investigate offences of civil disobedience and creating disturbance," Ms Karua said.
Mr Musyoka added: "The 23 were arrested while pressuring government to release 6 abductees and 29 others who were arrested in June for opposing the Finance Bill. The Police IG must be held responsible for the disappearance of the 29 and the 6 abductees."
In court, Mr Kerini revealed that police are investigating Mr Omtatah and the protesters over offences of incitement to violence and disobedience of the law, taking part in unlawful assembly and creating disturbance in a manner likely to cause breach of peace.
Analyse phones, extract messages from WhatsApp and X
The police officer said investigators need to analyse their mobile phones, including extracting data from WhatsApp, Facebook and X, as well as photographs taken while "inciting members of the public".
“For the interest of justice, I pray to this honourable court to grant me 14 days to detain the respondents at Central Police Station to complete my investigations,” Mr Kerini said.
Ms Karua submitted that the 23 were taking part in demonstrations to protest against abductions carried out by suspected police officers, adding that they did not commit any offence.
She further said some of the protestors were injured during yesterday's arrests.
