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Court frees activists who disrupted Budget Day photo session

From left: Lawyer Ndegwa Njiru, Erick Mankuyu and activist Julius Kamau before a Milimani Law Court on June 14, 2024.  

Photo credit: Wilfred Nyangaresi | Nation Media Group

By  Frankline Akhubukla

Nation Media Group

A Nairobi court on Tuesday, January 11, 2025, freed two activists who had been facing charges for nearly a year for allegedly creating a disturbance and attempting to obstruct a photo session by former Treasury Cabinet Secretary Njuguna Ndung’u on Budget Day in 2024.

Julius Kamau and Erick Mankuyu were released by Milimani Court Magistrate Caroline Nyaguthi after witnesses failed to appear in court despite being summoned.

The prosecution had sought to postpone the case to allow more time for witnesses to appear, but the lead defence counsel, Lempaa Suyianka, strongly opposed the request.

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Mr Lempaa informed the court that Prof Njuguna Ndung’u, the complainant in the case, had not provided a statement.

He argued that proceeding with the case under such circumstances would be unfair and urged the court to dismiss the charges.

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Alternatively, the defence stated they were willing to continue if the prosecution supplied the complainant’s statement and ensured witnesses appeared in court.

Mr Lempaa further asked the court to acquit the accused if the prosecution failed to present its witnesses.

According to the defence, all the witnesses—who were police officers—failed to attend court sessions despite being summoned.

Mr Lempaa cited Article 202 of the Constitution, which allows the court to dismiss a case if witnesses repeatedly fail to appear.

““Having considered the applications of both the prosecution and the defence, I see no reason why this case should proceed or be adjourned. The prosecution has not given sufficient reasons why the witnesses have never attended court or complied with the court's summons. This court now orders that the accused persons be acquitted and their cash bail be refunded," said Magistrate Nyaguthi.

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The charge sheet stated that on June 13, 2024, at the Treasury Building along Harambee Avenue in Nairobi, Kamau and Mankuyu, along with others not before the court, created a disturbance likely to cause a breach of peace by yelling, shouting, and attempting to disrupt a photo session involving the Cabinet Secretary for National Treasury and Economic Planning and his delegates.

The two activists denied the charges and had been released on a bond of Sh10, 000 each.