Anti-tax demos: Accused teenagers faint in court as lawyers argue over detention plea
Some of the 185 youth arrested during the anti-government demonstration, before a Milimani Law Court, in Nairobi on July 3, 2024, were accused of different crimes including looting and malicious property damage.
What you need to know:
- Ms Nyamu ordered police officers to administer first aid to the young men and give them milk.
The lawyers, the teenagers' parents, relatives and well-wishers conducted an impromptu fundraiser and bought loaves of bread for them.
Three teenagers arrested during the anti-Finance Bill demonstrations in Nairobi on Tuesday, July 2, 2024, fainted at Milimani Law Courts where they had been arraigned.
The three were among the 185 people arrested during the protests.
They were presented before Senior Principal Magistrate Wandia Nyamu as police sought more days to complete investigations into claims that the three assaulted security agents, theft, and damage to property among other charges.
The prosecution had sought to hold the three teenagers for 21 days before preferring charges against them.
But as the youths who were taken to court on Wednesday, July 3, morning waited as the prosecution and the defence lawyers argued on the application to detain them, they collapsed.
Ms Nyamu ordered police officers to administer first aid to the young men and give them milk.
The lawyers, the teenagers' parents, relatives and well-wishers conducted an impromptu fundraiser and bought loaves of bread for them.
“We are dying. We haven’t eaten anything since we were arrested. We are going to die in this court,” one of them said.
The incident had a domino effect as other suspects demanded to be fed.
“We are equally angry. We haven’t eaten anything. Allow us to go home,” some shouted.
The situation got uglier as several began chanting anti-government slogans.
“Ruto must go. Life is hard for us. We are jobless. Give us jobs,” they shouted.
Law Society of Kenya Vice-President Mwaura Kabata, Mr Levi Munyeri, Mr Wahome Thuku, Mr Suyianka Lempaa, Mr Hosea Manwa and 12 other advocates asked Ms Wandia to release the suspects on free bond.
The magistrate ordered four of the suspects that had been brought from Kabete police station, including the three who had collapsed, to be released unconditionally.
She directed 18 others to execute personal bonds of Sh10,000, while the remaining 163 were freed on personal bonds of Sh50,000 each.
The court said all the suspects should be returned to the police stations they were booked including Muthaiga, Gigiri, Capitol Hill and Kilimani where they would be freed.
Director of Public Prosecutions (DPP) Renson Ingonga, through state counsel Judy Koech, had applied to have the 185 detained for 21 days for police to complete investigations.
Ms Koech said protesters erected barriers on roads in Nairobi with coffins, boulders and lit car tyres.
She said one of the demonstrators shot and injured police officer Avutanga Asaya. The prosecution added that the firearm has not been found.
Apart from looting and vandalising property in the City Centre, a police vehicle was extensively damaged, Ms Koech told the magistrate.
“Investigations are on. We have not found the gun that injured the officer,” she said.
Ms Koech told the court that the suspects were a flight risk as their places of residence were not known.
Defence lawyers opposed the detention plea, saying those who looted businesses were not protesters but hired criminals.
“An instant glance at these young people and one can tell they do not know how to handle firearms. Those who shot at police were hired with a mission to cause mayhem. These jobseekers did not steal or burn business businesses or vehicles,” Mr Munyeri said.
The lawyers asked the court to free the protesters, adding that police need to track down and arrest the criminals who looted and vandalised property in Nairobi and other counties.
Mr Manwa said picketing is permitted by law.
“No one should be arrested and prosecuted for exercising his or her rights,” the lawyer said.
The lawyers told the court that police officers used excessive and unnecessary force on unarmed young people.
According to Mr Munyeri, excessive force by police officers led to 39 deaths, including a security agent.
He added that 361 injured demonstrators are being treated across the country.
Mr Munyeri said 627 protesters have been taken to court since the demonstrations began weeks ago.
“Nairobi bore the worst brunt of police brutality. Police shot them with live bullets. This court should never condone that,” he said, adding that a majority of those injured cannot even walk.
Mr Manwa asked the courts not to allow police officers to torture Kenyans.
The case will be mentioned on July 16, 2024, for directions.
