Prosecutors want anti-abduction protesters held for 14 days as they seek phone data
The ODPP argued that releasing the suspects at this stage would disrupt ongoing investigations and potentially destabilise public order.
The Office of the Director of Public Prosecution (ODPP) is seeking a 14-day detention of 23 individuals arrested during Monday’s anti-abduction protests in Nairobi.
The protesters include Busia Senator Okiya Omtatah, Davis Lichuma, Nick Kirima, Julius Imani, Ian Obongo, Hassan Githinji, Elisha Victory Ochieng, Odhiambo Ojiro, Victor Bonyo, Ademba Allans, Emmanuel Ongau, Movin James Amboka, Benjamin Mwaura, Stephen Owoko, James Ochieng, Joshua Okayo, Phabian Ochieng, Gayo Ahamo, Philip Onyango, Dalience Muthune, Cyrus Waweru, Nicholas Karanja, and Wyne Ouma.
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In an affidavit filed on Tuesday, Corporal Anthony Kerini, a police officer attached to the Directorate of Criminal Investigations (DCI), stated that investigations are ongoing into allegations of incitement to violence, unlawful assembly, and creating a disturbance likely to breach the peace.
The officer expressed his intention to extract data from the suspects’ phones, including messages and images from platforms such as WhatsApp, Facebook, and X, which they allege incited public unrest.
“The mobile phones of the suspects need to be taken to the Communication Authority of Kenya to extract WhatsApp, Facebook, and X messages and photographs taken that are inciting members of the public against the state,” Kerini said in his sworn statement.
The affidavit also disclosed plans to retrieve CCTV footage from nearby Java House and Naivas Supermarket to aid in the investigation.
“We are yet to obtain the CCTV footage to confirm the suspects’ activities during the protests,” Kerini said.
The ODPP argued that releasing the suspects at this stage would disrupt ongoing investigations and potentially destabilise public order.
“The respondents, if released, may continue to disrupt peace and tranquillity within the country. They are a threat to peace and stability as they continuously incite members of the public via social media platforms,” the affidavit states.
The prosecutor further requested the court’s permission to detain the suspects at the Central Police Station.
“For the interest of justice, I pray this honourable court to grant me 14 days to complete the investigations, record witness statements, and cover all the above-stated points.”
The 23 individuals were arrested within Nairobi’s central business district and booked at Central Police Station under OB number 60/30/12/2024.
The human rights activists have been presented to the Milimani Law Courts where the case will be heard.
