A High Court Tuesday issued orders stopping the police from arresting or detaining two Members of Parliament allied to Deputy President Rigathi Gachagua in ongoing probe into violence experienced in anti government protests.
The two are accused of sponsoring violence in the protests that were generally peaceful.
Embakasi North MP James Gakuya and his Embakasi Central counterpart Benjamin Mejja Donk were on July 31 picked from Koinange Street and Parliament Buildings respectively and questioned over the matter.
Both MPs are allies of Gachagua. They have denied the claims and termed police action politically motivated.
Other Gachagua allies including three aides have also been questioned in connection with the funding of the protests.
Gakuya and Mejja Donk have since moved to court to stop their arrest in relation to the matter.
They moved to court through lawyers Danstan Omari and Shadrack Wambui.
Justice Chacha Mwita issued the orders stopping the arrest and detention of the two lawmakers.
Further directions will be issued on September 17.
“In the meantime, a conservatory order is here by issued restraining the respondent, their agents 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 Mwita said in the orders dated August 5, 2024.
The two legislators have denied the claims.
“Our clients were summoned by the DCI where they were questioned for several hours over alleged sponsoring of the youths against the government in the city, this is wrong given that those youths were exercising their rights under the constitution to question the government accountability,” said Omari.
Omari argued that his clients are being intimidated by the security agents because of their relationship with the deputy president Gachagua who is seen to be at crossroads with President William Ruto.
“This is purely a political witch hunt,just because they are friends with the deputy president.I think we are going back to dark days where such institutions were being used to intimidate others,Gachagua is actually where president Ruto was there then as the Deputy president,”added Omari.
The two were last week grilled at the DCI headquarters after their arrest.
The arrest and grilling of the MPs came a day after three top aides to Gachagua were grilled over claims they financed chaos in the anti government protests.
Police visited the offices of the officials in
They were identified as political advisor Ngunjiri Wambugu, youth advisor George Theuri, and Private Secretary Munene wa Mumbi.
Police are investigating their alleged role in financing the violent protests and looting of businesses in Nairobi and parts of Central Kenya.
Police claim the individuals organized goons who raided shops and other premises to loot as Gen Z staged protests in the city.
Dozens of people who participated in the protests, especially on June 25 have been charged with various charges.
The protests were initially peaceful before goons invaded and started to loot property.
The mainly Gen-Z-led demonstrations have taken the government by surprise, with President William Ruto declining to sign the bill.
Discontent over the already high cost of living spiralled into nationwide protests, sparked by proposed tax hikes in the annual finance bill, which was however rejected.
Protest organisers called for the police to be held accountable for the shooting incidents.
More than 60 people have been killed and 400 wounded in the chaos.
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