The Mombasa High Court has issued orders preventing the arrest of 11 Azimio leaders from Kilifi County.
The 11 leaders applied for anticipatory bail, stating that they had learned of intentions to have them detained and humiliated in court by charging them with fake and fabricated crimes in order to intimidate and dissuade them from opposing the government over the high cost of living.
“That pending hearing and determination of the application status quo to be maintained given under my hand and seal of the Honorable court this 26th day of July 2023,” reads the Court order.
They argue that they intend to participate lawfully and peacefully in the countrywide demonstrations called by Azimio leader Raila Odinga to protest the high cost of living, particularly in light of the Finance Act 2023, the effects of which, despite being stayed by the Constitutional Court, continue to afflict Kenyans.
The legislators, led by Kilifi Senator Stewart Madzayo, claim that in the last few days, people and politicians associated with Azimio have been unlawfully arrested and charged with false charges in connection with the nationwide protests.
The petitioners say, through lawyer Danstan Omari, that they are committed to and prepared to assist in any police investigations, but are also afraid and justifiably concerned about a sinister conspiracy to shame them and their loved ones.
“Unless this honourable court certifies this matter as urgent and admits the applicants to anticipatory bail, their rights to a fair hearing, right to peacefully demonstrate, to freedom of movement and to associate freely with others exercising their political rights will be violated,” they argued.
The other applicants include Amina Mnyanzi, Paul Katana, Betty Kache Mwavuo, Oscar Ihawanje, Brown Safari, Ibrahim Matumbo, Rashid Odhiambo, Twahir Abdul Karim, Ray Mwaro and Haron Nduti Tete.
