Kilifi Azimio leaders move to court to prevent arrests
Kilifi Senator Stewart Madzayo speaks at a meeting in Mombasa on June 9. He is among a number of politicians who have applied for anticipatory bail, saying they fear malicious arrest for participating in demonstrations.
Azimio leaders from Kilifi County have moved to court to prevent the State from harassing and arresting them over their participation in demonstrations.
Led by Senator Stewart Madzayo, the politicians have denounced the arbitrary arrests and prosecutions by State actors, which they say violate the right to engage in protests as provided for in the constitution.
Other politicians are MPs Amina Mnyazi (Malindi) and Paul Katana (Kaloleni), and some county assembly members.
In their application represented by lawyers Danstan Omari and Jared Magolo, they have requested anticipatory bail to ensure they are not held for questioning or statement recording by the Directorate of Criminal Investigations.
The politicians have expressed concern over the recent arrests and trumped-up charges against individuals associated with the opposition following the nationwide demonstrations against the high cost of living.
They further argue that these acts of prosecution seem to be especially targeted at members of Parliament in an effort by the Executive to suppress their influence.
“We intend to participate lawfully and peacefully in the nationwide demonstrations called by Mr Odinga to protest against the high cost of living,” they told Mombasa High Court Judge Ann Ong’injo.
According to the politicians, the demonstrations are likely to occur as a result of the implementation of the Finance Act 2023, which continues to negatively impact Kenyans.
“While we are willing to assist in any police investigations, we are concerned that there may be a malicious plot to embarrass us and our loved ones,” they said.
They stated that without anticipatory bail, their rights to a fair hearing, peaceful assembly, freedom of movement and association with others will be violated. They further argued that the State would not be prejudiced if the orders are granted but the same will ensure their dignity is protected.
They have sued the Office of the Director of Public Prosecutions (DPP) and Inspector-General of Police Japhet Koome.
State counsel Bernard Ngiri, representing the ODPP, requested more time to respond to the application.
“While I will be filing a response to the application, the court should take notice of the bipartisan talks that have halted the demonstrations. We can now confirm that there are no ongoing demonstrations in the country,” he stated.
The prosecutor accused the politicians of seeking a court order to engage in unlawful assembly.
In response, Mr Magolo argued that the government has a history of making arbitrary arrests, and the politicians are taking pre-emptive measures.
Justice Onginjo certified the matter as urgent and slated the application for hearing tomorrow. “That pending hearing and determination of the application, status quo be maintained,” said the judge.
Kilifi politicians facing charges in court in relation to the demonstrations are Kilifi South MP Ken Chonga, County Assembly Speaker Teddy Mwambire and their two aides. The four have been charged with the offence of participating in an unlawful assembly.
They are alleged to have taken part in a procession and chanted anti-government slogans thereby causing members of the public to fear that they were assembling to commit a breach of peace.
They secured their freedom after paying a Sh50,000 cash bail. The case will be mentioned on August 4, 2023.
