High Court temporarily bars DCI, police from arresting Gachagua allies

The High Court on Friday issued orders prohibiting the police and the Director of Public Prosecutions (DPP) from arresting and charging three(3) politicians allied to Deputy President Rigathi Gachagua.

When the matter came up before Justice Lawrence Mugambi, he certified the petition as urged.

He said he had read the the notice of motion dated September 27, 2024, the certificate of urgency and an affidavit of one of the petitioners.

Filed by former Nyeri Town MP Ngunjiri Wambugu, George Theuri, and Pius Munene, the petition sought to block their arrest or arraignment, pending the determination of their case.

“That pending the hearing and determination of this application, this court hereby issues a conservatory order restraining the Respondents whether by themselves, their officers, servants, agents or acting on their behalf from arresting, detaining, confining, prosecuting or in any other way interfering with the liberty of the Petitioner/ Applicants arising out from the allegations raised in this Petition,” Justice Mugambi ruled.

The judge also stopped the Directorate of Criminal Investigations (DCI) from arresting and detaining former Mr Wambugu, Mr Theuri, and Mr Munene over the recent Gen Z-led protests.

“A conservatory order is hereby issued restraining the respondent, their agents, and or servants from arresting, detaining, confining, pursuing and or in any other way interfering with the petitioners' liberty in connection with the allegations giving rise to this petition until October 15, 2024,” ruled the judge.

The order came just hours after the Director of Public Prosecutions (DPP) Renson Ingonga had approved criminal charges against two(2) Nairobi MPs and three(3) aides of DP Gachagua over violent protests that hit the country in June/July months.

This came a day after the DCI wrote to Mr Ingonga recommending their prosecution.

The five are Embakasi North MP James Gakuya and his Embakasi Central counterpart Mr Benjamin Gathiru aka Mejja Donk as well as Mr Theuri, Mr Munene, and Mr Wambugu.

The protests that lasted a month were to later turn chaotic with looting, arson and physical violence that in turn were responded to by police through extrajudicial killings, abductions, enforced disappearances and persecutions.

In his letter to the Director of DCI Mohamed Amin, Mr Ingonga said he was satisfied that there was sufficient evidence to charge the pro-Gachagua MPs and aides with conspiracy to commit a felony.

"Upon careful perusal, the DPP has directed that there is sufficient evidence to charge the suspects with the offence of conspiracy to commit a felony, contrary to section 393 of the peak code," said the DPP in a statement.

Mr Amin had accused the politicians and aides of planning, mobilising and financing violent protests in Nairobi.

The DCI through a letter by Mr Abdalla Komesha, said that it had launched investigations after it received an intelligence report of how the protests were planned, mobilized and financed.

Following the investigations, the DCI reported that it had arrived to logical conclusion that the five(5) bore culpability after "they were implicated to have participated in several meetings that took place at a hotel in Nairobi".

The five(5), were it not for the Friday court orders and directions by judge Mugambi, would have a date in the courts to defend themselves as relevantly approved, on charges about soliciting or inciting others to commit offences contrary to section 391 of the Penal Code, conspiracy to commit a felony contrary to section 393 of the Penal Code, and money laundering.

"Efforts are being made to obtain all financial data from Safaricom and banks where financial transactions were carried out," Mr Komesha said in part in his public disclosure of intent to charge.