Court blocks arrest of MPs Gakuya and Gathiru amid allegations of funding goons during protests
Lawyer Danstan Omari (second right) flanked by lawyer Shadrack Wambui together with other lawyers representing Embakasi North MP James Mwangi Gakuya and his Embakasi Central counterpart Benjamin Mwangi Gathiru.
Two members of Parliament accused of financing hooliganism have obtained court orders barring police from arresting them and prosecuting them for allegedly sponsoring unrest and mayhem in Nairobi County.
While pressing for orders to block the police IG and DCI from arresting and prosecuting them, James Gakuya (Embakasi North) and Benjamin Gathiru (Embakasi Central) on Tuesday, August 6, told Justice Enock Chacha Mwita that they were being “sacrificed politically” due to their political alignment with the DP Rigathi Gachagua.
The UDA lawmakers, who denied hiring thugs to unleash mayhem during the recent demonstrations that left over 50 dead and more than 300 with serious gunshot wounds, sought the intervention of the courts to protect their fundamental and constitutional rights.
Defence lawyers Danstan Omari and Shadrack Wambui told the judge that while the MPs were attending a meeting in Kenol, a contingent of police officers from the Directorate of Criminal Investigations (DCI) rounded them up and took away their mobile phones.
“After the Kenol incident, a crime detective, Chief Inspector Philip Sang, proceeded to the Kiambu Chief Magistrate Court and obtained a search warrant requiring the two city MPs to surrender their mobile phones for forensic analysis and digital exploitation for purposes of establishing their role in financing the Gen Z demos and bankrolling goons to cause mayhem in the city through torching and stealing from businesses,” Mr Omari told the judge.
He said Inspector Sang informed the Kiambu magistrate that police were investigating the role of the two UDA MPs in conspiracy to commit a felony contrary to Section 393 of the Penal Code amongst other offences.
A search warrant was issued enabling Inspector Sang to probe the two MPs.
The lawyers told the judge, that police informed the Kiambu Court that they had received intelligence reports that “some individuals were involved in planning and funding goons who infiltrated protests by Gen Z in Nairobi and its environs with the intention to break and loot business premises.”
Mr Omari further submitted before Judge Mwita that Inspector Sang told the Kiambu Court that Gakuya and Gathiru were “involved in planning, mobilising, organising and funding criminals from Kiambu, Juja and Roysambu with instructions to infiltrate peaceful Gen Z protestors and causing violence.”
The judge further heard from the defence lawyers that Gakuya and Gathiru used their cellphones and iPads to give firm instructions to their agents whom they allegedly paid to organize the violent protests.
“The two MPs were also accused of organising transport from the suburbs of Nairobi to the Central Business District (CBD) to engage in protests,” Mr Omari submitted.
Inspector Sang told the Kiambu Court, that from the recent protests, business premises were broken into, vandalised, set ablaze, people maimed and others fatally wounded.
“It is believed the two respondents (Gakuya and Gathiru) are linked to have paid the criminals involved before they took part in the protests,” Inspector Sang told the Kiambu Court recently.
Mr Omari urged Justice Mwita to intervene and protect the rights of the two legislators from being breached based on unsubstantiated allegations.
The judge heard the two MPs are peace-loving and have never engaged in thuggery aimed at breaching peace.
In his brief ruling, Justice Mwita temporarily restrained police from arresting and detaining the two MPs pending the determination of the Constitutional Petition filed in court.
Justice Mwita barred the Inspector General of Police from arresting and, detaining, confining, pursuing and or in another way interfering and curtailing the liberty of Gakuya and Gathiru.
"That in the meantime a conservatory order is hereby issued restraining the respondents (DCI and IG) their urgency and or servants from arresting the petitioners," ordered Justice Mwita.
The judge warned the security agencies of dire consequences if they disobeyed or failed to comply with the court order.
Justice Mwita ordered the petitioner's lawyers to serve the suit papers to the Inspector General and the DCI.
The case will be heard on September 17, 2024.
