The High Court has issued orders barring the Office of the Director of Public Prosecution (ODPP) and the Directorate of Criminal Investigations (DCI) from arresting or prosecuting Embakasi West MP George Theuri, former Nyeri Town MP Ngunjiri Wambugu and Pius Munene in a case where they are suspected to have been involved in the anti-tax demonstrations in June 2024.
In a ruling on Friday, September 27, 2024, Justice Lawrence Mugambi certified the matter as urgent, urging the applicants to serve some four respondents in the petition with the conservatory orders before close of business on Friday.
“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,” Mugambi ruled.
The respondents mentioned in the case are the Directorate of Criminal Investigations, the Office of the Director of Public Prosecutions, the Inspector General of Police and the Attorney General.
The three applicants who are allied to Deputy President Rigathi Gachagua, pleaded with the court to issue orders barring their arrest after mentioning that the information of their impending arrest had been shared by bloggers online.
The three pleaded with the judge to freeze the actions of law enforcement on them, stating that the respondents were out to harm and detain them when the allegations against them have yet to be verified.
“We are apprehensive that unless this honourable court intervenes, the respondents will eventually be successful in utilizing the criminal justice system to illegally detain, embarrass, disrepute and even harm us,” they said.
The judge granted the petitioners’ prayers adding that all responses to his ruling should be made within seven days of the ruling and that the case will be mentioned on October 15, 2024, for compliance and further directions.
Other conservatory order
Last week, Justice Chacha Mwita extended orders barring the DCI and the ODPP from arresting two other legislators Embakasi Central MP Benjamin Gathiru Mwangi aka Mejja Donk and his Embakasi North counterpart James Gakuya over their suspected involvement in the June protests.
This comes just hours after the ODPP approved charges against the five, stating that the evidence in their possession was sufficient to charge them with the conspiracy to commit a felony.
“The inquiry file was presented to the DPP for review and direction. Upon careful examination, the DPP has determined that there is sufficient evidence to charge the suspects with conspiracy to commit a felony,” part of a letter from the DPP read.
