Court frees Okiya Omtatah, 22 protesters on Sh1000 cash bail

Senator Okiya Omtatah (centre) and other protestors during anti-abduction demonstrations at Aga Khan Walk, Nairobi, on December 30, 2024. [Kanyiri Wahito, Standard] 

The High Court on Tuesday extended orders requiring the Inspector General of Police Douglas Kanja to personally produce six persons abducted on Christmas Eve, alive or dead.

In two separate orders, Justices Bahati Mwamuye and Alexander Muteti ordered that Peter Muteti, Bernard Kavuli, Billy Mwangi, Gideon Kibet who is also known as Kibet Burr, and his brother Ronny Kiplagat, and Steve Kavingo should immediately be presented before any High Court in the country.

This comes after Milimani Principal Magistrate Rose Ndombi released Busia Senator Okiya Omtatah and 22 other protestors who were arrested on Monday on a Sh1000 cash bail.

The magistrate had initially directed them to deposit Sh50,000 bond with a similar surety as security for their release.

However, she reviewed the amount downwards after the Law Society of Kenya’s lawyer Mwaura Kabata pleaded for her mercy in the spirit of New Year's festivities.

Senior lawyer Martha Karua, who is also the leader of the Narc Kenya party, assured the court that she would be the contact person to ensure their timely appearance in court.

While supporting Kabata and Karua, senior lawyer John Khaminwa stated that Kenyans are too broke to afford high amount demanded by the court.

At the High Court, Justice Mwamuye also directed the IG to give a detailed account of who was carrying out the abductions.

He said that he does not expect Kanja to come to appear in court to say that he does not know what transpired.

Billy’s father, Gerald Karicha, moved the court in tears as he pleaded that his son be brought to court.

He said that he was hoping to find his son Tuesday and had travelled from Embu as Mwangi’s mother was ailing. He said that she had collapsed several times following the abduction.

According to him, Mwangi was abducted by men in a white Toyota Fielder KDG 527 D around 3pm as he was waiting for a shave.

He claimed that the vehicle had patrolled his neighbourhood for two days before the abductors cornered his son.

Justice Mwamuye said that the only answers needed from the authorities were who was abducting the social media influencers and if they had been released immediately.

He said that he would not hesitate to issue orders punishing the IG if these were not forthcoming.

The Judge also directed the Ministry of Interior, Kipchumba Murkomen, or his representative to be present in court during the next hearing date to explain whether there was a policy in place to end abductions.

Also required to attend court is the National Transport and Safety Authority Director General who will be required to give details of the vehicles which are being used for the abductions.

“We have a gentleman in this court who does not know about the law. All his concern is to know the whereabouts of his son. I do not want a response of the proverbial response,’ I don’t know, I didn't hear, I didn't see responses. I give seven days and a rejoinder one. At this hearing, we will ask some questions and seek answers. This court will not hesitate that this court will not hesistate to cite for contempt. This is a litmus test for your client. The people of Kenya have their eyes, and they will need answers,” said Justice Mwamuye.
In the case, the IG’s lawyer, Paul Nyamodi, told the court that the orders issued on Monday were unfair because his client had not responded.

Nyamodi argued that Kanja does not know the whereabouts of the six abductees. He maintained that the court's powers to hear the LSK application were in question. He suggested that his client should be allowed to respond to the application.

On the other hand, Wiper Party leader Kalonzo Musyoka urged the court to stick to its orders. He claimed that the presidency had intimated that the abducted persons would only be freed if their parents committed to their discipline.

“Habeas copus is not negotiable. You’ve heard from an affected Kenyan what they are going through as a family. All the 55 million Kenyans know that the country is at cross roads. Court should take judicial notice that the chief executive said that they will be released if you parents teach them how to behave.  You will stand in history as one judge who saved the country if you stick to your orders. We can swear affidavits before you and file them in time but the reality is that the country is being ruled by gangsters. Billy Mwangi’s father want his son now and here,” Kalonzo, who is also a senior lawyer argued.

Lawyers Ndegwa Njiru, Kabata and Hosea Manwa urged the court to find Kanja in contempt of court for failing to produce the six before court as ordered.

Senior lawyer Victor Kamau for the Kenya National Commission on Human Rights (KNCHR) argued that the court should crack the whip to end the wave of abductions.
While summing up the arguments, Karua argued that failure to comply with the orders was a show of impunity.

“The police have in the past demonstrated impunity. They were ordered not to throw teargas. We pay them to know where the children and Kenyans are. These people were picked more than a week ago. By the third, it will be 10 days without knowing where they are. Let us put ourselves in the shoes of those who are missing. The first order is to produce the six persons alive or dead,” she argued.

The two cases will be mentioned on January 3 and January 8, 2025.

At the magistrate’s court were David Lichuma, Nick Kirima, Julius Imani, Ian Obongo, Hassan Githinji, Elisha Ochieng, Odiambo Onjiro, Victor Bonyo, Ademba Bonyo, Emmanuel Ongau, Movin Amboka, Benjamin Stephen Owoko, Joshua Okayo, Phabian Ochieng, Gayo Ahamo, Phillip Onyango, Daliance Muthune, Cyrus Waweru, Nicholas Ouma and Omtatah.

The police through Anthony Kerini had asked the court to detain them for 14 days. Kerini said that he needed to dig into their mobile phones as they were allegedly inciting Kenyans online and needed to collect CCTV footage from Naivas and Java. He claimed that he intended to investigate offences relating to breach of peace and taking part in unlawful assembly.