June 25 protests: Court releases two men linked to viral 'occupy State House' post

Suleiman Wanjau Bilali and Robert Otiti Elwak had been detained for 10 days pending investigations. (Photo: Carolyne Kubwa)

By Carolyne Kubwa
Tuesday, July 8, 2025

In her ruling today, Milimani senior principal Magistrate Dolphina Alego stated that the court found the 10-day period given for investigation was sufficient and hereby closed the file.

Two men accused of sharing a viral post urging demonstrators to storm the State House during the June 25 anti-government protest have been set free after the magistrate closed their file.

The two, Suleiman Wanjau Bilali and Robert Otiti Elwak, were arrested over their alleged involvement in spreading content deemed inflammatory and misleading to the public and were detained for 10 days pending investigations.

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In her ruling today, Milimani senior principal Magistrate Dolphina Alego stated that the court found the 10-day period given for investigation was sufficient and hereby closed the file.

While citing a ruling by Judge Kimaru in a miscellaneous application, Magistrate Dolphina emphasized that the court recognizes the importance of balancing the rights of the accused with the need for investigations and public safety.

She highlighted that Judge Kimaru addressed issues concerning the legality of holding suspects without charges, the duration of detention, and the conditions under which suspects can be held.

" Specifically, the judge stated that prolonged detention without a charge is unconstitutional and stressed the need for suspects to be informed of their rights and the reasons for their arrest,"she said.

Judge Kimaru also emphasized that the legality of holding suspects without charges is questionable and condemned the practice of arresting individuals and then seeking extensions of detention without a formal charge deeming it unconstitutional, especially if it becomes a pattern under Kenyan law.

"The rights of the accused, including the right to remain silent, the right to legal representation, and the right to be informed of the charges, were also underscored. Upholding these rights, Judge Kimaru acknowledged the need to balance them with the prosecution's investigative needs."

Sergeant Samuel Itegi, an officer attached to the DCI, had earlier told the court that the posts put up by the two gained wide traction online in the lead-up to the June 25 protests. According to him, the posts originated from an account identified as @daguindd on X (formerly Twitter).

He said the publication was traced to an X account @daguindd (Daguin Dd). Before it went viral on various social media platforms, the respondents were believed to be part of suspected individuals who planned to infiltrate a peaceful demonstration organized by the young people of Kenya (Gen Z) to engage in unlawful acts such as stealing from shops, assaulting innocent citizens, and promoting political ideologies that undermine the security and stability of the country.

The Directorate of Criminal Investigations (DCI) further claimed that the duo shared a digital timetable urging protesters to march to the State House, which authorities described as an illegal call to action. The DCI said the content was in breach of Section 23 of the Computer Misuse and Cybercrimes Act, which criminalizes the publication of false information.

According to the DCI, on June 20, 2025, the applicant received intelligence that a timetable was circulating on various social media platforms with inflammatory and inciting messages urging members of the public to attend a protest march aimed at unlawfully taking over and occupying the State House on June 25, 2025.