Two men were arraigned at the Milimani Law Courts over allegations of publishing false and inciteful information linked to this week’s deadly anti-government protests, as the Directorate of Criminal Investigations (DCI) seeks to detain them for 10 more days to conclude investigations.
Suleiman Wanjau Bilali and Robert Otiti Elwak were arrested on June 25 in Muthurwa and Kayole, respectively, and are suspected to be behind the dissemination of a viral protest timetable shared via the social media account @daguindd (Daguin Dd) on X, formerly Twitter.
In an affidavit filed by Sergeant Samuel Itegi, an investigator based at DCI Headquarters – Operations, the suspects are accused of inciting the public to unlawfully storm the State House through coordinated online campaigns, while allegedly mobilising protesters to loot, assault civilians, and target protected government facilities.
The prosecution said the online content — which spread rapidly across digital platforms — was part of a broader strategy to infiltrate Gen Z-led demonstrations and destabilise national security.
Intelligence reports reportedly link the suspects to a well-funded network behind the chaos that rocked Nairobi and other cities on June 25, leading to looted property, injured police officers, and loss of lives.
The DCI sought more time to conduct forensic analysis on mobile phones recovered from the suspects, obtain their financial and M-Pesa transaction records, and record additional witness statements. The prosecution described the investigation as “complex,” involving multiple persons of interest still at large and emerging leads that require the continued detention of Bilali and Elwak.
However, the defence strongly objected to the application, terming it a violation of their constitutional rights.
Represented by lawyer and legislator Babu Owino, the accused argued that they are being scapegoated for an account that does not belong to them.
“They are being linked to an account without evidence of ownership. The real account holder, a person named Diangui, remains unknown,” Owino told the court.
The defence also criticised the DCI’s handling of the case, stating the suspects were detained beyond the constitutionally allowed 24 hours without being granted bail, despite being “well-known and law-abiding Kenyans.”
“They were arrested on June 24, held unlawfully, and the arresting officer admitted in court that he was unaware of the specifics of the claims at the time of arrest,” Owino said.
Meanwhile, the defence has filed a habeas corpus petition at the High Court, demanding that the individual behind the X account be produced in court — “whether alive or dead.”
“This is a paraventure full of innuendos. The state has not presented any compelling reasons for continued detention,” Owino added, urging the court to reject the application.
The ruling on whether the suspects will remain in custody for 10 more days is expected to be delivered on Friday.
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