Court blocks arrest of Gachagua allies over probe into protests

The High Court in Nairobi has barred the Directorate of Criminal Investigations (DCI) from arresting Deputy President Rigathi Gachagua allies.

Justice Chacha Mwita also stopped the DCI from detaining James Mwangi Gakuya (Embakasi North MP) and his Embakasi Central counterpart Benjamin Gathiru over Gen-Z 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 September 17, 2024,” ruled Justice Mwita.

In the case, Gathiru and Gakuya told the court that they were summoned on July 31, 2024, at the Kiambu Road-based DCI.

Their lawyer, Dunstan Omari, argued that the two lawmakers are among those who are grilling Cabinet Secretary nominees.

Omari said the police are harassing his clients over unfounded claims of funding Gen Z protests.

He said that the DCI summoned the MPs again on August 1, 2024, without giving any reasons for the same.

At the same time, Omari claimed that Gathiru and Gakuya were being harassed as the DCI had not preferred charges or explained what they intended to achieve from the interrogations.

“The applicants herein are Members of the National Assembly and have a civic and constitutional duty to participate in the ongoing vetting of the newly nominated Cabinet Secretaries and will then be inconvenienced with the constant summons and threats by the officers of the first respondent,” he said.

The lawyer claimed that the DCI was using the criminal justice system to harass and embarrass his clients for ulterior motives.

Gathiru and Gakuya sued the DCI, the Inspector General of Police, the Director of Public Prosecution, and the Attorney General.

“The applicants, being law-abiding members of the society and elected members of the National Assembly, honored the summons issued by the first respondent and visited their premises, wherein they were held incommunicado for a whole day undergoing interrogations under threat of prosecution and detention from the first Respondent officers,” Omari said.

In his supporting affidavit, Gakuya claimed that the DCI summons were linked to party politics and intended to intimidate him over his choice of party.

He sensationally claimed that there was a likelihood of being harmed.

“The said actions smack of brazenness and are a gross violation of the petitioners. If the respondents herein believe that they have a valid case against us and that we should be prosecuted, then the same should be done through appropriate channels and not through harassment and intimidation,” said Gakuya.

This comes after police obtained court orders allowing them to scrutinise Gathiru and Gakuya’s mobile phones.

The officers, in their application before the magistrate’s court, claimed that the two were responsible for planning, mobilising, and organising goons who infiltrated the protestors and caused violence.

Gathiru and Gakuya were accused of being responsible for alleged criminals from Kiambu, Juja, and Roysambu.

Chief Inspector Phillip Sang told the court that there was information that the two MPs were in constant communication and, hence, were allegedly giving instructions.

“The respondents were also involved in organizing transport from the suburbs of Nairobi to the CBD. The information we have received indicates that the said James Gakuya herein mobilized and issued orders to agents whom he had paid to organize violent protests through his communication gadgets,” said Sang.

The officer claimed that the two MPs are believed to have paid those who participated in the protests.

Police were interested in data from Gathiru’s two mobile phones and listed one mobile phone said to belong to Gakuya.

The case will be mentioned on August 18.