High Court restrains DCI from arresting Lawyer Shadrack Wambui over June 25 anniversary protests

The high court has restrained the Directorate of Criminal Investigations (DCI) from arresting and detaining lawyer Shadrack Wambui pending the looming prosecution for allegedly planning the June 25 anniversary protests in Ongata Rongai, Kajiado County.

Lady Justice Diana Mochache of the High Court in Kibera granted the lawyer an anticipatory bail of Sh100,000 and ordered him to cooperate with the DCI if there are any ongoing investigations. The cash bail should be deposited in court.

Wambui had on Friday sought the anticipatory bail and orders barring the DCI and the Director of Public Prosecutions from arresting and locking him up over the weekend.

He had been summoned to appear at the DCI offices in Rongai, but he alleged he was aware of plans to lock him up after the questioning so that he would spend the entire weekend in police cells.

Wambui told the court that he had reasonable, well-founded apprehension that the real intend of the summons is not to conduct an inquiry but to engineer his arrest under the guise of a lawful process, particularly on a Friday, synonymous with the infamous "kamata kamata Fridays" where dissenters were historically rounded up and held incommunicado over weekends as punishment for political defiance.

The lawyer had told the court that if it failed to intervene and grant the orders, he stood to suffer unlawful deprivation of liberty, irreparable harm to his person, grave public embarrassment and monumental injustice occasioned through misuse of public office for private ends.

"The applicant (Wambui) has demonstrated reasonable apprehension of arrest and is willing to cooperate with any pending investigations.

Accordingly, in the interests of justice and to safeguard the rights under Article 49, anticipatory bail is granted pending any formal criminal charges," said Justice Mochache.

"For the avoidance of doubt, the (DCI and DPP) are at liberty to investigate and charge the applicant (Wambui) for any criminal conduct. However, they shall not arrest or detain the applicant until further orders of the court."

Mochache ordered that Wambui be escorted to the DCI offices by his lawyer Danstan Omari, for questioning and interrogation within seven days but not later than July 7, 2025.

The orders shall remain in force until plea has been taken, and the trial court is at liberty to determine whether to grant or deny bail, in which case the orders of this court shall lapse.

"The applicant is directed to cooperate with the investigations in the event that the investigations are still ongoing pending formal charges," ordered Justice Mochache.

"Upon conclusion of investigations and if a decision to charge the applicant (Wambui) has been made, the DCI and DPP shall not arrest or detain the applicant, but he shall be informed of the court where he is to appear for plea taking."

Wambui told the court that he had, on diverse dates this month, organised like-minded citizens to exercise their constitutional rights to assemble, demonstrate and present their grievances to public authorities in accordance with Article 37 of the constitution and had dutifully notified the police of the same.

The lawyer says he had given the police the statutory notice of the intention to hold a peaceful demonstration on Wednesday, and the demonstration started and went on peacefully.

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But midway through the exercise, a gang of rowdy, violent, and well-coordinated goons infiltrated the protests, turning it into a scene of calculated chaos.

He was later summoned to appear at DCI Rongai's offices on Friday for questioning over the ugly scenes that occurred after the alleged invasion of the demonstration by goons, prompting him to seek protection from the High Court.