Busia Senator Okiya Omtatah and 22 protesters have been released after a court rejected a police application to detain them for 14 days to allow the continuation of investigations into allegations of incitement to violence and civil disobedience.
The group appeared before Milimani Principal Magistrate Rose Ndombi on Tuesday, following their arrest during anti-abduction demonstrations on Monday.
Prosecutors argued that the Directorate of Criminal Investigations (DCI) required additional time to complete their probe, claiming the individuals posed a threat to public order if released.
In an affidavit, Mr Anthony Kerini, representing the police, stated;
“The respondents are a threat to peace and stability of the country as they continuously incite members of the public via social media platforms, and will cause disharmony if released.”
Kerini added that investigators needed to analyse the suspects’ mobile phones, including data from WhatsApp, Facebook, and X, as well as photos allegedly taken during their protests.
However, defence lawyers, led by senior counsels Kalonzo Musyoka and Martha Karua, opposed the application, describing it as baseless. Ms Karua urged the court to release the group on a free bond, asserting that the charges lacked substance.
“The application to detain Omtatah and for 14 days lacks merit and should be released on bond. Police cannot ask for 14 days to investigate offences of civil disobedience and creating disturbance,” Ms Karua argued.
The defence also highlighted injuries sustained by some protesters during their arrest, emphasising that their actions were peaceful and aimed at opposing alleged unlawful abductions by security personnel.
After considering the arguments, Magistrate Ndombi dismissed the police request, ordering the immediate release of Omtatah and the 22 others. She ruled that the police had failed to provide sufficient grounds to justify their detention.
