State seeks to extend Patrick Osoi’s detention, citing threat to national security

The State on Thursday elaborated why it wants Fighting Brutality and Impunity (FBI) movement founder and ex-Kenya Defence Forces (KDF) soldier Patrick Osoi detained pending the probe against his activities continues.

Appearing before Kahawa Law Courts Magistrate Richard Koech, the Directorate of Criminal Investigation (DCI) and the Office of the Director of Public Prosecutions (ODPP) cited Osoi's release as a threat to national security.

The prosecution, led by Kennedy Amwai and Kiarie Fatuma, argued that the ongoing probe into Osoi's conduct has exposed his ability to destabilise the country through acts of terrorism.

Osoi is facing charges of intent to commit a felony, possession of a firearm, possession of ammunition without a certificate and offences related to terrorism recruitment and facilitation.

However, Osoi's lawyer, Dancun Okatch, challenged the prosecution and the DCI, saying their reasons to hold him for an additional 14 days are invalid.

"The investigators can continue with their investigations on Osoi without detaining him. Reasons they are giving here for holding him are all invalid," protested Okatch.

According to DCI officer Josephine Korir, the state is interested in holding Osoi further as it seeks to locate a firearm he was pictured holding.

Korir added that the directorate is working closely with the bureau's cybercrime unit to examine Osoi's social media accounts and activities, and could interfere with the investigations should he be released on bond.

" We're investigating, for instance, the whereabouts of the firearm he's holding in the pictures we've obtained," said Korir.

Prosecutor Kiarie Fatuma supported the DCI's view on Osoi's further detainment for 14 days, saying Osoi was planning to attack police officers before and after the demonstrations that happened on June 25 and Saba Saba Day.

"These follow-up posts on his social media accounts, which he said he had formed a movement, indicating that he was fighting brutality and impunity," said Amwai.

Amwai said Osoi, and others not before the court, were recruiting current and former police officers.

"The same post had acquired a massive reaction as per our affidavit. We have annexed the screenshot of the X account profile. He and others are well trained and skilled in using firearms and can mobilise and influence the public into war, therefore, we are asking that he be held for 14 days to allow for a comprehensive investigation, which will include knowledge of his residence, which is yet to be known," said Amwai

The prosecution also indicated that the gadgets recovered from him have yet to be examined and that Osoi may flee from the court's jurisdiction. "The court may take notice of the nature and seriousness of the charges levelled against him since he poses a threat to national security and law enforcement."

The ex-KDF officer was arrested on Tuesday.

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According to a notice of motion filed by the DCI, Osoi is accused of forming the FBI movement, alongside Jackson Kuria Kimani, alias Cop Shakur and Kimathi Hiram, to recruit current and former officers to fight 'illegal orders'.

Osoi's post on X went viral, attracting over 400 comments, 900 retweets, 3,900 likes and over 260,000 views.

This, the DCI feared, could mobilise masses, including hostile actors, to engage in unlawful activities.

The DCI hence sought a warrant to search Osoi's premises on suspicion of possession of firearms and requested the courts to detain him at Muthaiga Police Station for 14 days.

The court is expected to make a ruling on whether police will continue to hold Osoi for additional days or he will be granted bail and bond as the investigation continues.