A Kahawa chief magistrate court will on August 12 rule whether it will grant the Director of Criminal Investigations (DCI) 14 days to detain Shadrack Omondi Okindo alias Hon. Mosquito pending investigations.
The police are seeking to detain Okindo for 14 days over allegations of inciting a coup against the government, terrorism facilitation, and wearing unauthorized uniform.
In a miscellaneous application filed before the court, the DCI is asking for custodial orders to continue holding Hon. Mosquito, at Gigiri Police Station to allow investigators time to complete ongoing investigations into what they describe as “grave and sensitive offences against national security.”
According to the police, Okindo is under investigation for preparation to commit a felony, wearing unauthorized uniform, and offences related to recruitment or facilitation of terrorism under the Prevention of Terrorism Act.
The DCI through Police Constable Milton Ligare, an investigator at the Serious Crimes Unit, told the court that Okindo had recorded and shared a video titled “Coup D’état” on social media platforms including TikTok and Facebook, in which he allegedly declared his intention to overthrow President William Ruto’s government by force and urged Kenyans to join him in a revolution similar to those in Burkina Faso and Mali.
The court heard that in the viral video, Okindo, dressed in jungle combat gear, called on the public to “rise up” against the political elite, saying he was ready to sacrifice his life to dismantle the existing constitutional structure.
Police say the message has the potential to mobilize civilians, members of the security forces, and possibly hostile actors
Ligare told the court that the video has attracted wide viewership, poses a threat to public order, and could lead to mass unrest
He also claim Okindo has been advocating for the release of individuals allegedly involved in the formation of an anti-government group called Fighting Brutality and Impunity (FBI).
Okindo was arrested in Miritini Estate, Mombasa County and escorted to Nairobi where he was booked at Gigiri Police Station.
During the arrest, police recovered several items including multiple mobile phones, tactical uniforms, berets labeled “Kenya,” and a notebook with political writings calling for the resignation of senior leaders, including President Ruto and opposition leader Raila Odinga.
The prosecution is also seeking a search warrant to access and seize digital devices from premises linked to the suspect saying forensic analysis and metadata from social media platforms are crucial to the ongoing investigations.
Constable Ligare argued that releasing the suspect would jeopardize investigations, allow for possible interference with witnesses, destruction of digital evidence, or coordination with associates.
He further cited Section 133 of the Evidence Act, saying intelligence sources linking the suspect to threats against state security must be protected.
“The custodial orders sought are not meant to punish the respondent but to allow investigators adequate time to thoroughly complete investigations,” read the court documents.
During cross examination, Embakasi East MP Babu Owino, appearing as part of the legal team representing Hon. Mosquito, questioned the legality and basis of the ongoing investigation into his client’s alleged online activities and calls for the release of three detained persons.
When asked whether it was a crime to support a social movement or advocate for the release of suspects in custody, officer ligare argued that it was not a criminal offence under Kenyan law.
“It is not wrong to fight impunity in Kenya,” Ligare said in response to Owino’s probing.
The officer also admitted that he had not verified the ownership of the social media account said to be associated with Hon. Mosquito.
“There is a procedure that must be followed, and during my investigations, we will have to establish that,” he told the court.
According to Ligare, it is not a crime to have mass following on social media
Ligare further revealed that the DCI are yet to identify any witnesses and acknowledged that although Hon. Mosquito had been in custody for four days, the investigation was still in its early stages.
“I am aware cases must be investigated first before making an arrest,” he admitted.
When pressed on the nature of the case, he said the complaint had not been formally reported by any individual, but that “the state is the complainant.”
During re-examination by the prosecution, Ligare said it is not standard police procedure to record passwords of seized devices in an inventory.
“The kind of information the respondent was passing amounted to a threat to state security,” Ligare stated.
The prosecution argue that releasing Hon. Mosquito at this stage would compromise the integrity of the investigations.
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