End of the road for the famous Omosh Jakababa alleged to have been at the forefront of inciting antigovernment protests in Kisumu.
Shadrack Omondi Orwa alias Omosh Jakababa believed to be behind a Tiktok video where he alleged that Raila should go to Russia and procure guns for his supporters to invade state house was today arraigned at a Nairobi Court under miscellaneous application to detain him for 14 days pending charging.
Omosh Jakababa was ferried from Kisumu to Nairobi under tight security on Monday 10 July 2023.
According to the DCI, Omosh Jakababa among other suspects still at large is said to have published through Tiktok a malicious video captioned ‘Baba enda Russia utuletee bunduki’ Omosh Jakababa…roughly translated as (Baba go to Russia bring us guns).
DCI believes that the averred publication went further to state and appears to indicate that once they acquire the purported weapons, they would be able to face off with the law enforcement officers.
Further, DCI told the court that the utterances by Omosh Jakababa involved incitement to take up arms to advance to a protected area (State House) without permission.
In his objection through lawyer Danstan Omari, Omosh stated that DCI has not linked the Tiktok account to him hence it is hot air.
Further, he said that the word Baba enda Russia does not disclose any offence because Russia is not a restricted country hence anybody can access Russia.
He also told the court the wording ‘utuletee bunduki’ has a million and one meanings.
“The word utuletee bunduki has a million and one meanings, “bunduki za michezo(sports), bunduki for game hunting, bunduki in the term of toys” it is not certain, also Baba simply means father, which Baba, the world has a trillion of father, whom do you assign that name to, the police should do better than that,” submitted Lawyer Omari.
Omari submitted that it is absurd that the state is telling the court that Omosh is also being investigated for the offence of terrorism.
He urged the court to ignore the sensational averments by the DCI and released the respondent.
Omari urged the court to take into consideration that on July 10, 2023, over 73 protesters were dragged to court but later on the ODPP chose to withdraw all charges against them.
The court ruled that it would be unfair to detain the respondent for 14 days only to move court later with an application to have the withdrawn for lack of evidence.
“I have heard the application by the investigating officer to detain the respondent. However, I feel that it would be unfair to detain the suspect for 14 days only to move the court later with an application to have the matter withdrawn for lack of sufficient evidence. I will not grant the 14 days as prayed, I will grant 7 days starting on 10th July 2023 when he was placed in custody.” Ruled SPM Nazushi.
