Two Members of Parliament, James Gakuya (Embakasi North) and Benjamin Gathiru (Embakasi Central), have secured court orders preventing their arrest and prosecution over allegations of sponsoring unrest and mayhem in Nairobi County.
The UDA lawmakers, aligned with Deputy President Rigathi Gachagua, appeared before Justice Enock Chacha Mwita on Tuesday, August 6, asserting that they were being politically targeted. They denied accusations of hiring thugs for recent demonstrations that resulted in over 50 deaths and more than 300 serious gunshot injuries.
Defence lawyers Danstan Omari and Shadrack Wambui argued that the MPs’ fundamental and constitutional rights were at risk. They described an incident where a contingent of police officers from the Directorate of Criminal Investigations (DCI) apprehended the MPs in Kenol, confiscating their mobile phones.
“After the Kenol incident, a crime detective, Chief Inspector Philip Sang, obtained a search warrant from the Kiambu Chief Magistrate Court requiring the two MPs to surrender their mobile phones for forensic analysis,” Omari informed the judge.
Inspector Sang had informed the Kiambu court that the police were investigating the MPs’ involvement in financing the so-called Gen Z demonstrations and organizing criminal activities aimed at disrupting the protests and looting businesses.
The defence lawyers recounted how the police received intelligence reports suggesting that individuals, including the two MPs, were funding and orchestrating violent activities during the protests. They alleged that Gakuya and Gathiru used their devices to communicate with and instruct their agents, who were reportedly paid to incite violence.
“The two MPs were also accused of organizing transport for protesters from Nairobi’s suburbs to the Central Business District (CBD),” Omari added.
Inspector Sang presented evidence to the Kiambu Court linking the MPs to criminal activities, including vandalism, arson, and assault during the protests.
In a brief ruling, Justice Mwita temporarily restrained the police from arresting, detaining, or otherwise interfering with the MPs pending the resolution of the constitutional petition.
“That in the meantime a conservatory order is hereby issued restraining the respondents (DCI and IG), their agents and or servants from arresting the petitioners,” Justice Mwita ordered.
He warned security agencies of serious consequences for non-compliance with the court order and instructed the petitioners’ lawyers to serve the suit papers to the Inspector General and the DCI.
The case is scheduled for hearing on September 17, 2024.
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