Police released four film makers who had been arrested over claims of false publication without any charges.
Nicholas Wambugu, Brian Adagala, Mark Karubiu and Christopher Wamae were released on free bond but without their devices, lawyers said.
This means police are still investigating their work.
They had been arrested from their studio in Karen over alleged role in the production of BBC documentary Blood Parliament that captured events of the June 25, 2024 Gen Z protests.
A group of lawyers and activists flocked Pangani and Muthaiga police stations demanding their release.
They said the police move was out to intimidate the four.
Police bowed to pressure and set them free on Saturday May 3 but without their tools of work which they had confiscated.
Head of Presidential Special Projects & Creative Economy Dennis Itumbi criticized the move to arrest the group.
“ARRESTING BBC journalists merely for making a film is UNNECESSARY. There is an alternative story on the violence and political planning that unleashed storming of bunge and invading the armoury at the Mosoleum, make an alternative documentary, tell the other story.”
“BBC told their story. Let them be. Free the journalists. In my view,” he said in a post on his social media.
The Chairperson of the Kenya Film and Television Professionals Association (KFPTA) Ezekiel ‘Ezy’ Onyango had said their equipment and data storage devices were seized during the operation.
“We have been informed that they are facing charges related to publishing false information and cyberbullying, and we call on the relevant authorities to provide full transparency regarding these charges and the conditions under which the filmmakers are being held,” he said in a statement.
“The Act, particularly Section 23, criminalizes false publication and has previously come under fire from digital rights groups for being vague and open to abuse.”
He said the association stands in full| solidarity with the arrested colleagues, their families, and the entire creative community. “We are mobilising legal and institutional support to ensure that justice is served, their safety is guaranteed, and the right of all filmmakers to create independently and without fear is upheld.”
“To my fellow creatives and the public, let me be clear: The criminalisation of filmmakers for carrying out their work is unacceptable. I know you’re frustrated, distressed, and upset, but I urge you to remain calm, vigilant, and supportive as we engage with the authorities to secure their immediate release,” he said.
Their arrest may be linked to a recent documentary project exploring politically sensitive topics including the BBC’s Blood Parliament.
The Law Society of Kenya (LSK) and the Kenya Union of Journalists (KUJ) have issued statements calling for immediate access to legal representation for the accused and a public explanation of the charges.
LSK president Faith Odhiambo said a free and independent media is an indispensable facilitator of a democratic society.
“To safeguard freedom of the media, Article 34(2) of the Constitution prohibits the state from penalising any person for any opinion or view or the content of any broadcast, publication, or dissemination. The arrest of the 4 filmmakers over their alleged contribution to the Blood Parliament report by @BBCAfrica is not only ill-advised, petulant, and malicious but is also legally impotent. We will take all actions necessary to defeat this irrational act of impunity and repression.”
There was no immediate comment from police over latest developments of May 2 and 3, 2025.
Activists and friends believe it’s their alleged role in the production of the film that exposed police and military extrajudicial killings during the Gen Z protests.
It comes after the BBC released a 40-minute investigation revealing how Kenyan security forces opened fire on anti-tax protesters outside Parliament in June 2024, killing and injuring several people.
The Director of Public Prosecutions has ordered investigations into events of Gen Z protests on Parliament on June 25, 2024.
This follows the recent exposé aired by the BBC Africa Eye programme, which investigated protesters’ access to the Kenyan Parliament during the 2024 Gen Z-led protests.
DPP Mulele Ingonga said the publicly available program highlights significant evidence and footage capturing the events that unfolded during that period.
“Notably, several individuals of interest were either clearly visible or mentioned in relation to the protesters access to parliament and other activities surrounding the protest.”
“This programme raises serious concerns about potential breaches of public order, as well as the use of force, possible misconduct, and the accountability of those involved including security forces and protest participants,” he said in a statement.
He ordered the Independent Policing Oversight Authority to investigate the issue.
But given some of those involved could be from the military, experts are calling for a wider involvement of other bodies in the probe.
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