A Milimani chief magistrate’s court Wednesday dismissed an application by the Directorate of Criminal Investigations (DCI) seeking to detain 56 anti-Finance Bill protesters pending investigations.
The DCI through a miscellaneous application moved to court seeking to detain the protestors for 14 days pending investigations into the fire at Governor Johnson Sakaja’s office and part of the parliamentary building.
While dismissing the application trial Magistrate Gilbert Shikwe noted that the police had not tendered sufficient evidence to warrant the detention of the suspects.
In the court documents filed by corporal George Karanja, he said he is investigating robbery, arson and vandalism related offences.
“We are investigating arson contrary to section 332 (a) of the penal code and the value of properties damaged,” Karanja told the court.
According to Karanja, the respondents with others between 0900 hrs and 2000hrs on June 25, at Nairobi Central Business District (CBD) mounted demonstrations agitating for the rejection of the finance bill 2024/2025 and in the process they turned chaotic setting ablaze the office of the governor, part of the parliamentary building and properties of unknown values were destroyed.
He said the suspected who were arrested at the scene of crimes were escorted and booked at Central police station.
“This Court be pleased to issue custodial orders authorizing the holding of the Respondents by the Applicant, through its investigators at Central Police Station for a period of fourteen (14) days to enable the completion of the investigation into the offence of Arson Contrary to section 332(a) of the Penal code,” urged Karanja.
The application was however declined by the defense lawyers.
They lawyers submitted that the police failed to tender a holding charge or exhibits of the alleged items recovered from the suspects.
Shikwe released the suspects on a cash bail of Sh5000 plus one contact person.
He also directed the suspects with visible injuries to be treated.
The matter will be mentioned on July 9.
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