'Muthaiga 3' activists set free after High Court rejects case extension request

Police alleged that the trio mobilised and incited violent groups through coordinated social media activity. (Photo: File)

By Lucy Mumbi
Friday, August 22, 2025

Kibera Law Courts rejected an application by the Office of the Director of Public Prosecutions (ODPP) and the Directorate of Criminal Investigations (DCI) seeking an additional 21 days to investigate the trio, ruling that the 55 days already used were sufficient.

Three human rights defenders, collectively referred to as the Muthaiga 3, have been released unconditionally after the High Court dismissed the prosecution’s bid to extend investigations into their arrest.

The Kibera Law Courts rejected an application by the Office of the Director of Public Prosecutions (ODPP) and the Directorate of Criminal Investigations (DCI) seeking an additional 21 days to investigate the trio, ruling that the 55 days already used were sufficient.

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The trio, including John Mulingwa Nzau, also known as Garang; Mark Amiani, known as Generali; and Francis Mwangi, alias Chebukati, had been arrested on June 27 over allegations of malicious damage to property, arson, theft, incitement to violence and disobedience of the law during protests on June 25.

The Court noted that the prosecution had already been granted a final adjournment and that the period taken was ample for investigations. Consequently, the miscellaneous file was closed, and the activists were released unconditionally.

In a statement, the Defenders Coalition welcomed the ruling, saying the Judiciary had upheld the rule of law and reminded all actors that human rights defenders are not criminals but champions of human rights and freedoms.

“We thank partners and human rights defenders for resilience, solidarity, and remaining steadfast against the violations and abuse of the law and institutions, hence the victory we witnessed today. We equally thank the Judiciary for upholding justice and the rule of law in this matter. We remind all actors that human rights defenders are not criminals; rather, they are champions for human rights and freedoms,” the Coalition said.

Human rights lobby Kongamano La Mapinduzi hailed the Court for affirming that the DCI had no evidence to charge the trio. The lobby urged authorities to stop targeting human rights defenders and instead focus on real crimes.

“Today, the court has affirmed that DCI had no evidence to charge the Muthaiga 3 with any offence and has officially dismissed the file. This ruling is a reminder that activism is not a crime. DCI must stop intimidating and criminalising activists and human rights defenders. They should focus on real crimes, not silencing voices demanding justice,” the Lobby said.

Police had alleged that the trio had mobilised and incited violent groups through coordinated social media activity, resulting in widespread theft, injuries and damage to businesses.

The DCI further claimed that the suspects attempted to evade arrest by hiding along the coast and faced potential charges including malicious damage to property, arson, theft, incitement to violence, and disobedience of the law.

However, the Police Reforms Working Group rejected the claims, describing Mulingwa, Amiani, and Mwangi as respected human rights defenders who operate within the law.

The group noted that Mulingwa is a prominent figure in Nairobi’s social justice circles, Amiani is based in Kisumu, and Mwangi operates in Ruaraka, with each actively working to expose police misconduct and promote accountability.

“While the police claim the three were arrested over the June 25 protests, we strongly reject this narrative. The state must not use these events as a pretext to criminalise peaceful protest, silence dissent, delegitimise human rights work, or shrink the civic space protected by our constitution,” the group said.