All the 185 suspects arrested for participating in the July 2 demos within the Nairobi CBD have been released on bond.
Milimani senior principal magistrate Wandia Nyamu freed 167 of the Gen Z demonstrators on a personal bond of Sh 50,000 each.
For 18 suspects who are under age were admitted on a personal bond of Sh10,000 each.
Ms Wandia dismissed the plea by the DPP to detain the suspects for 21 days.
” l have considered the application to detain the suspects for 21 days and find that it does not have the legal threshold and proceed to release all the suspects on personal bond,” ruled the magistrate.
State prosecutors and 17 defense lawyers led by Levi Munyeria, Hosea Manwa, Wahome Thuku, and Suyianka Lempaa clashed before senior principal magistrate Wandia Nyamu over the arrest claiming was an illegal arrest of Kenyans exercising their constitutional rights to picketing.
Nyamu heard from a 16-year-old demonstrator that he is facing starvation as he has not eaten or drunk water since he was arrested and thrown into police cells.
“I plead with you to direct that I be given food otherwise I am starving. Since I was arrested I have not eaten nor drunk water. I am starving,” the Gen Z youth demonstrator pleaded.
Mr Munyeria informed the court that the majority of the suspects were tortured and had not been accorded any medication.
He said about 20 suspects could hardly walk due to various injuries inflicted by police who clobbered them and kicked them indiscriminately.
The demonstrators who were driven into the law courts in five police lories chanted as they were being escorted into court cells “we are innocent. Ruto must go. Do away with Finance Bill 2024/2025.We want our rights. We need employment and good governance.”
The suspects remained in court cells for over 4 hours before they were arraigned before Ms Nyamu after 3.30 pm.
Pressing for the grant of the 21-day detention period, prosecuting counsel Judy Koech said the 185 among them 18 minors were arrested on July 2, 2024, within the Nairobi Central Business District (CBD) where wanton destruction of property and lives was witnessed.
Koech said police are investigating four offences to wit- burglary contrary to Section 306 (a) of the Penal Code, malicious damage to property contrary to 339 (1) of the Penal Code, assaulting police officers contrary to 103 (a) of the National Police Service Act and obstructing police officers in the execution of their duties.
Koech said police could not finalize the investigations since the Gen Z demonstrators engaged police in a whole day orgy that left at least two people dead and scores injured.
She urged the suspects to be detained at Capital Hill, Kilimani, Muthangari, and Gigiri Police Stations to enable investigators to complete the probe and identify the
The magistrate was urged to take judicial notice of the wanton destruction of property that has left a trail of destruction of property and loss of human lives.
The court heard over 50 people have been killed in these demos which have entered the third week.
Ms. Koech said the demonstrators mounted barriers along city roads with 14 coffins, lit tyres, and barricaded other roads with stones and boulders.
“The demonstrators who were armed with pistols shot and injured Administration Police Avutanga Asaya and police are yet to recover the firearm,” stated the prosecutor.
Besides the looting of businesses within the CBD, a police vehicle was extensively damaged.
“The investigations are on-going and we are yet to recover the firearm used to injure the AP police Asaya,” the court heard.
Ms Koech said the suspects’ places of aboard are not known and they are a flight risk.
But defence lawyers opposed the detention plea saying those who looted businesses are not Gen Z but hired goons.
“An instant glance at these youths one can tell they do not know how to handle a firearm. Those who shot at police were hired goons with a mission to cause mayhem. These youth who are job seekers did not steal nor burn business premises,” Mr Munyeri submitted.
Lempaa, Thuku, and Manwa urged the court to free the innocent Gen Z demonstrators with an order to the police to track down and arrest the criminals who descended on businesses to loot.
Manwa said picketing is permitted under the law and “no one should be arrested and prosecuted for exercising their rights.”
The defence lawyers asked the court to take judicial notice that President William Ruto has since returned to Parliament the impugned Finance Bill 2024/2025 without ascending to it due to the pressure mounted by Gen Z.
The magistrate heard from the defence that police have used excessive force on unarmed youth.
She heard that police have defied a High Court order not to use live bullets, water cannons, and force on demonstrators.
She further heard that to the contrary, police went full throttle to use excessive force and live bullets on demonstrators injuring many.