A Nakuru court has released Molo Member of County Assembly (MCA) Joseph Ngware Ng’ang’a and his personal assistant, Simon Munene, on personal bond following their arrest in connection with violent protests held on June 25 in Molo.
Senior Principal Magistrate Priscah Nyota ruled on Friday that the prosecution failed to provide sufficient grounds to justify the continued detention of the two, who were accused of orchestrating destructive demonstrations that led to extensive damage to public property. Each suspect was granted a personal bond of Ksh 50,000 with two sureties of a similar amount.
The prosecution, led by State Counsel Janet Kisoi, had requested the court to allow investigators 21 more days to hold the suspects, citing the need to record witness statements and prevent possible interference with ongoing investigations. The application was supported by a sworn affidavit from lead investigating officer Corporal Richard Mayaka, who alleged a conspiracy to attack Molo Police Station, sub-county offices, and judiciary premises.
However, the magistrate dismissed the application, stating that the affidavit lacked credible evidence and failed to demonstrate that the suspects posed a risk to the public or to the investigation. “There is absolutely no believable material to show the suspects are a danger to the community or that their lives are at risk,” Nyota ruled.
Defense lawyer Peter Okiro challenged the prosecution’s request, terming it “fatally defective” and lacking factual support. He emphasized that the suspects were not flight risks, had already been under investigation for nine days, and were willing to comply with any conditions imposed by the court.
Mr. Ng’ang’a was arrested on Thursday shortly after attending the burial of Dennis Njuguna, a student allegedly killed by police during the June 2024 anti-Finance Bill protests. Authorities suspect the MCA played a key role in organizing the June 25 anniversary protests that turned violent.
In her ruling, Magistrate Nyota underscored the suspects’ constitutional right to liberty and noted that pre-charge detention without compelling justification would be unlawful. She also reminded the prosecution of legal mechanisms available under the Witness Protection Act, which can be used to safeguard witnesses during the investigative process.
The case remains under investigation.
Written By Rodney Mbua
