High Court blocks arrests of MPs accused of funding criminals during Gen-Z protests

The High Court has restrained the Directorate of Criminal Investigations (DCI) and the office of the Director of Public Prosecutions (ODPP) from arresting two Nairobi members of Parliament under investigations for allegedly funding criminals to loot businesses in Nairobi during Gen Z protests.

The MPs, James Mwangi Gakuya and Benjamin Mwangi Gathiru alias Mejja Donk received the orders as DCI was preparing to acquire a search warrant to collect data from the two legislators' mobile phones.

The DCI accuses the two MPs of arranging and supporting goons who infiltrated youth-led protests in Nairobi and surrounding areas to break into and loot businesses.

The DCI apprehended the two outside the Parliament buildings on July 30 and applied for a search warrant on August 1 to examine the two legislators' mobile phones using digital exploitation and forensic analysis to aid in the investigation.

In court documents, Chief Inspector Philip Sang of the DCI's Economic and Commercial Crimes Unit states that he is investigating an offence of conspiracy to commit a felony contrary to section 393 of the Penal Code among other offences where Gakuya and Mejja Donk are suspects.

However, the two petitioned the high court for an end to their arrests through lawyer Danstan Omari, stating they were being punished for associating with Deputy President Ringathi Gachagua.

They sued the ODPP and DCI, among others, as respondents to their plea to prevent their impending arrests.

Justice Chacha Mwita granted an order preventing the DPP and DCI from pursuing the two MPs until September 17.

"A conservatory order is hereby issued restraining the respondents from arresting, detaining, confining, pursuing or in any other way interfering with the petitioners' liberty connection with the allegations giving rise to this petition until September 17, 2024," Justice Mwita stated.

CI Sang claims that the DCI had received intelligence that the two were mobilising, organising and funding criminals from Kiambu, Juja and Roysambu with instructions to infiltrate peaceful Gen Z protesters and cause violence.

The detective says the intelligence material suggests that the two MPs used their mobile phones to send instructions to their agents, whom they paid to plan violent protests.

"The respondents (Gakuya and Mejja Donk) were also involved in organising transport for the protesters from the suburbs of Nairobi to the Central Business District (CBD) for them to engage in the protests. Out of the protests, many business premises were broken into, vandalised, stolen, set ablaze, people maimed and others fatally wounded," states CI Sang in an affidavit.