High Court orders state to release phones seized from 23 anti-abduction protesters
Milimani Principal Magistrate Rose Ndombi released the 23 on Sh50,000 bond with surety or a cash bail of Sh1,000 each.
The High Court has directed the release of phones confiscated from 23 individuals who were arrested during anti-abduction protests in Nairobi on December 30, 2024.
When they appeared in court on Tuesday, the individuals did not take a plea after the prosecution said that the case file was still under review by the Office of the Director of Public Prosecutions (ODPP).
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The matter has been scheduled for mention on March 3, 2025.
The ODPP had sought a 14-day detention of the protesters, arguing that releasing them could disrupt ongoing investigations and public peace.
However, the court rejected the police's bid to detain the protesters, saying no compelling reasons were given for doing so.
Milimani Principal Magistrate Rose Ndombi released the 23 on Sh50,000 bond with surety or a cash bail of Sh1,000 each.
Among those arrested was Busia Senator Okiya Omtatah, along with activists and citizens including 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.
In an affidavit, Corporal Anthony Kerini of the Directorate of Criminal Investigations stated that investigations are ongoing into allegations of incitement to violence, unlawful assembly, and creating a disturbance likely to breach the peace.
Data from phones
He had revealed plans to extract data from the suspects’ phones, including messages and images from platforms such as WhatsApp, Facebook, and X, alleging these communications 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 affidavit.
He also disclosed plans to retrieve CCTV footage from nearby establishments, including Java House and Naivas Supermarket, to establish the suspects’ activities during the protests.
“We are yet to obtain the CCTV footage to confirm the suspects’ activities during the protests,” the officer stated.
The prosecution argued that releasing the suspects at this stage could compromise the investigation and 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,” read the affidavit.
However, defence lawyers, led by senior counsel Kalonzo Musyoka and Martha Karua, opposed the application, urging the court to release the 23 individuals on free bond.
Karua argued that the request to detain the suspects for 14 days was baseless, asserting that such a period was unnecessary for investigating charges of civil disobedience and creating a disturbance.
She emphasised that the individuals should be granted bond.
Musyoka accused authorities of targeting the group for demanding the release of six abductees and 29 others arrested in June last year for opposing the Finance Bill, 2024.
He called for the Inspector General of Police to be held accountable for the disappearance of the 35 individuals.
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