A court Friday issued orders restraining police from prosecuting three top aides to Deputy President Rigathi Gachagua.
Justice Lawrence Mugambi gave the orders following a case filed by the aides Ngunjiri Wambugu, George Theuri and Pius G. Munene.
The judge said he had read the motion and the supporting affidavit sworn by Ngunjiri Wambugu before issuing the orders and directions.
“That 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,” he said.
He directed the application and the petition be served by close of business Friday and responses to the petition and the application be filed and served within seven days.
The case will be mentioned on October 15, 2024 for compliance and further directions.
MPs Benjamin Gathiru Mwangi (Embakasi Central) and James Mwangi Gakuya (Embakasi North) had gotten orders stopping their arrests.
This was after the Office of the Director of Public Prosecutions approved recommendations by police to charge them over Gen-Z protests.
The ODPP agreed with police recommendations and returned a file on the probe allowing the prosecution of the two Members of Parliament allied to Gachagua and three aides.
Senior Assistant Director of Public Prosecutions Vincent Monda told the Director DCI Mohamed Amin there is sufficient evidence to charge the five.
“The Inquiry file was placed before the Director of Public Prosecutions for perusal and directions. Upon careful perusal, the DPP has directed that there is sufficient evidence to charge the suspects with the offence of conspiracy to commit felony contrary to section 393 of the Penal code.
In addition, a separate inquiry file should be opened for money laundering and financial crimes related offence,” he said.
Among those to be charged include Mwangi for soliciting or inciting others to commit offense contrary to section 391 of the Penal code and Money laundering contrary to sections 3, 4 and 7 of the Proceeds of Crime and Anti-Money Laundering Act.
Mwangi will also face charges of conspiracy to commit a felony. Further, police recommended Gakuya, former MP who is now an aide to DP Theuri and other aides Martin Deric, Ngunjiri Wambugu and Pius G. Munene to be charged with conspiracy to commit a felony. Wambugu works as a political advisor in the office of the DP while Theuri now works as the youth advisor in the office of the DP. Munene wa Mumbi is the private secretary of the DP. Gachagua has complained about what he termed as harassment from police.
Officials said the ODPP approved the charges on Thursday.
The move has irked Gachagua saying it was part of plans to impeach him. He said the use of the criminal justice system to manage politics is an outdated political strategy that was used in the past.
“President William Ruto and I, on assuming Office, gave an undertaking to the people of Kenya that never again shall the criminal justice system be called upon to help in the management of politics.”
“I am embarrassed that we are back to where we were. Harassment of my office staff and Members of Parliament perceived to be close to me, has been going on for the last two months,” he said.
“I have learnt of a scheme to prefer trumped-up charges against three members of my staff and the MPs for Embakasi North Hon James Gakuya and Embakasi Central Hon Benjamin Gathiru Mejja Donk.”
“This evil scheme is to associate them with violent demonstrations that took place in late June, in a futile attempt to soil my name and hopefully create grounds for the mooted impeachment proceedings against me,” he added.
He said Kenyans are very intelligent people and know what factors made the people of Kenya take to the streets.
“Kenyans also know what the real problems in Kenya are. They surely know Rigathi Gachagua is not among them. Let our agencies remain professional, follow the rule of law and keep off politics.”
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 took the government by surprise, with President William Ruto declining to sign the bill.
Discontent over the already high cost of living spiraled into nationwide protests, sparked by proposed tax hikes in the annual finance bill, which was rejected.
Protest organisers called for the police to be held accountable for the shooting incidents. More than 60 people were killed and 400 wounded in the chaos.
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