Nairobi, Kenya — The prosecution has asked the Kibera Law Courts to detain three activists for an additional 21 days, arguing that investigators need more time to determine whether the trio were legitimate demonstrators or criminal elements who infiltrated the June 25 protests.
State Counsel Victor Owiti, representing the prosecution, told the court that a clear distinction is yet to be made between peaceful protesters and individuals who may have used the demonstrations as cover to commit criminal acts.
“To establish the line between protesters and goons, we are asking for 21 days. We suspect the respondents are in one of the groups,” Owiti stated.
The application is backed by an affidavit sworn by Inspector George Karanja, who indicated that investigations by the Directorate of Criminal Investigations (DCI) are still underway.
The prosecution revealed that electronic devices seized from the three suspects—John Mulingwa Nzau alias Garang, Mark Amiani alias Generali, and Francis Mutunge Mwangi alias Chebukati—require forensic analysis. Authorities argue that releasing the suspects now could jeopardize the integrity of the investigation and potentially compromise witnesses.
Owiti acknowledged that the suspects were arrested without warrants but defended the move, citing their alleged involvement in felonies, which, under Kenyan law, permits warrantless arrests.
He further told the court that the suspects attempted to flee when intercepted aboard a bus, reinforcing claims that they are flight risks.
The prosecution proposed that each suspect be detained at a separate police station to avoid potential collusion and ensure a smooth investigation process. They recommended:
- Muthaiga Police Station for Nzau (Garang)
- Gigiri Police Station for Amiani (Generali)
- Capitol Hill Police Station for Mwangi (Chebukati)
In a strong rebuttal, defence lawyer Erick Muriuki, appearing for the Law Society of Kenya (LSK), dismissed the prosecution’s application as an attempt to silence human rights defenders.
Muriuki argued that the state had failed to produce credible evidence to support claims that the activists were flight risks or posed a threat to ongoing investigations.
“We have scanned the application, and these allegations of flight risk are baseless. There isn’t even a claim that they were summoned and failed to appear,” Muriuki stated.
He questioned why the state did not issue summons prior to the arrests if indeed they considered the activists persons of interest.
Muriuki described the 21-day detention request as an unjustified measure aimed at intimidating civic voices, rather than pursuing justice.
The defence urged the court to reject the application and instead release the activists on free bond, emphasizing that they are willing to cooperate with any legitimate investigations.
The three activists were arrested on June 26, allegedly en route to Mombasa, days after the June 25 protests commemorating the anniversary of the 2024 anti-Finance Bill demonstrations.
Their arraignment at Kibera Law Courts took place under tight security, with a section of supporters chanting “Viva comrades, viva!” outside the courthouse in solidarity.
The case has fueled ongoing debate about civic space, the right to peaceful protest, and state responses to dissent in Kenya.
The court is expected to rule on the prosecution’s detention application in the coming days
By Were Kelly
