Milimani Law Courts, Nairobi – May 29, 2025
A legal petition seeking to block the arrest of former Deputy President Rigathi Gachagua has been filed at the Milimani Law Courts, with the petitioner alleging political persecution.
Filed by activist George Mogire through lawyer Moses Mabeya, the petition asks the High Court to issue conservatory orders restraining the Inspector General of Police, the Director of Public Prosecutions (DPP), and the National Cohesion and Integration Commission (NCIC) from arresting or detaining Gachagua. Mogire contends that any move to prosecute the former deputy president would be unconstitutional and driven by political motives rather than legitimate legal grounds.
“Pending the hearing and determination of this application, this Honourable Court should issue conservatory orders restraining the respondents and their agents from arresting, detaining, or interfering with Gachagua’s liberty,” reads part of the application.
The petition points to a May 27 session of the National Assembly, during which some lawmakers reportedly advocated for Gachagua’s prosecution in response to remarks he made during a televised interview on May 17. Mogire maintains that these remarks fall within Gachagua’s constitutionally protected right to freedom of expression, as enshrined in Article 33 of the Kenyan Constitution.
According to the activist, the growing pressure to prosecute Gachagua amounts to a coordinated campaign to suppress dissent and punish political opponents. He accuses state agencies of breaching their constitutional mandates and acting under external influence.
“The respondents have abdicated their constitutional mandates and are being used as instruments of political retaliation,” Mogire argues in the filing. He further alleges that the NCIC has exercised its discretion in a biased and selective manner.
The petition also highlights broader concerns about alleged abuse of power, political discrimination, and the misuse of independent institutions to intimidate voices critical of the government. Mogire insists that no credible evidence of criminal conduct has been presented to justify the arrest or prosecution of Gachagua.
The case is expected to be heard in the coming days as the court weighs whether to issue the requested conservatory orders.
Written By Rodney Mbua
