High Court temporarily blocks arrest of five DP Gachagua allies over alleged links to June protests

The High Court has blocked the police and the Director of Public Prosecutions (DPP) from arresting and charging four politicians and an aide to Deputy President Rigathi Gachagua.

High Court judge Lawrence Mugambi certified as urgent a petition filed by former Nyeri Town MP Ngunjiri Wambugu, former Embakasi West MP George Theuri and Pius Munene, an aide to Mr Gachagua, and blocked their arrest or arraignment pending the determination of their case.

“That pending the hearing and determination of this application, this court hereby issues a conservatory order restraining the Respondents whether by themselves, their officers, servants, agents or acting on their behalf from arresting, detaining, confining, prosecuting or in any other way interfering with the liberty of the Petitioner/ Applicants arising out from the allegations raised in this Petition,” the judge said. 

In a separate petition, sitting MPs Benjamin Gathiru Mwangi alias Mejja Donk (Embakasi Central MP) and James Gakuya (Embakasi North) also obtained court orders blocking their arrest. 

“That in the meantime, a conservatory order is hereby issued restraining the respondent, their agents and or servants from arresting, detaining, confining, pursuing and or in any other way interfering with the petitioners' liberty in connection with the allegations giving rise to this petition,” Justice Chacha Mwita said.

DPP Renson Ingonga had approved the charges of conspiracy to commit a felony against the five over alleged links to Gen-Z led protests in June.

In a letter to Director of Criminal Investigations (DCI) boss Mohamed Amin, Mr Ingonga said he was satisfied that there was sufficient evidence to charge the pro-Gachagua MPs and aides with conspiracy to commit a felony.

But in his petition, Mr Wambugu said they were aware of a ‘well-orchestrated scheme’ to arrest and prefer trumped up charges.

“It goes without saying that the trumped-up charges herein are meant to achieve an ulterior motive and are not at the behest of interest of justice,” his affidavit said.

He noted that unless the court intervened, the DCI and DPP "will use the criminal justice system to illegally detain, embarrass and even harm" them.

“The issues for determination in this petition is the question of the legality or lack thereof in respect to any intended arrest or arraignment on matters pertaining to and raised in the petition,” Mr Wambugu said.

Mr Amin wrote to the DPP on September 24 saying police investigated the five people over violence that occurred in Nairobi on June 25.

"Upon careful perusal, the DPP has directed that there is sufficient evidence to charge the suspects with the offence of conspiracy to commit a felony," said Mr Vincent Monda, senior assistant director of public prosecutions, on behalf of the DPP.

Mr Amin had accused the politicians and aides of planning, mobilising and financing violent protests in Nairobi.