Nairobi, Kenya — The High Court has issued orders barring the Directorate of Criminal Investigations (DCI) from arresting or detaining lawyer Shadrack Wambui, who is accused of organizing the June 25 anniversary protests in Ongata Rongai, Kajiado County.
In her ruling on Friday, Lady Justice Diana Mochache granted Wambui anticipatory bail of KSh100,000, pending any formal criminal charges. The judge directed that the cash bail be deposited in court and ordered Wambui to cooperate with any ongoing investigations.
Wambui had moved to court seeking protection from imminent arrest after he was summoned to appear before DCI officers in Rongai. He claimed to have credible information that the summons were a ploy to detain him over the weekend—a practice commonly referred to as “kamata kamata Fridays”, historically used to punish political dissenters.
In his application, Wambui argued that failure by the court to intervene would expose him to unlawful detention, humiliation, and significant harm.
Justice Mochache ruled that Wambui had demonstrated reasonable apprehension of arrest and emphasized that while the DCI and the Director of Public Prosecutions (DPP) are free to investigate and prefer charges, they are prohibited from arresting or detaining him until further court orders.
“The applicant has demonstrated reasonable apprehension of arrest and is willing to cooperate with any pending investigations. Accordingly, in the interests of justice and to safeguard constitutional rights under Article 49, anticipatory bail is granted,” Justice Mochache stated.
The judge further directed that Wambui present himself for questioning at the DCI offices in the company of his lawyer, Danstan Omari, within seven days, but no later than July 7, 2025.
The orders will remain in force until Wambui is formally charged in court, after which the trial court will have discretion to determine whether to grant bail.
Wambui told the court he had legally organized the June 25 protests in Ongata Rongai, notifying police of the peaceful demonstration in line with Article 37 of the Constitution, which guarantees the right to assemble, demonstrate, and present grievances to public authorities.
He insisted the protests were peaceful and carried out within the legal framework, dismissing claims of unlawful conduct.
By Were Kelly
