Anti-govt protests: Reprieve for DP Gachagua's allies as court temporarily stops their prosecution

Three Nairobi MPs alleged to have planned and funded violent protests in the country in the recent past have gotten a reprieve after the high court issued orders stopping their looming arrest and prosecution.

Justice Lawrence Mugambi restrained the Directorate of Criminal Investigations (DCI) and the Office of the Director of Public Prosecutions from arresting and prosecuting Benjamin Gathiru Mwangi (Embakasi Central), James Mwangi Gakuya (Embakasi North MP) and George Theuri.

Others on the list of those accused of mobilising the protests include former Nyeri Town MP Ngunjiri Wambugu and Pius Munene who are believed to be allies of Deputy President Rigathi Gachagua.

Mwangi is solely accused of soliciting or inciting others to commit offence contrary to section 391 of the Penal Code and he is jointly charged with the rest where they are accused of conspiracy to commit a felony contrary to section 393 of the Penal Code.

The DCI had also recommended the suspects be charged with money laundering contrary to sections 3,4 and 7 of the Proceeds of Crime and Anti-Money Laundering Act but the ODPP said this needed further investigations. But Justice Mugambi issued temporary orders suspending the prosecution.

Wambugu petitioned the high court to suspend their prosecution earlier today on a matter of urgency and the orders were issued.

"Pending hearing and determination of this application, this court hereby issues a conservatory order restraining the respondents (DCI and ODPP) whether by themselves, their officers, servants, agents or acting on their behalf from arresting, detaining, confining prosecuting or in any other way interfering with the liberty of the petitioners arising out of the allegations raised in this petition," said the judge.

Justice Mugambi said he had read the notice of motion dated September 27, 2024, and the supporting affidavit sworn by Ngunjiri Wambugu before issuing the orders.

Justice Mugambi directed the petitioners to serve their petition to the respondents – DCI and ODPP before the close of business on Friday, September 27, 2024.

The DCI and the ODPP have seven days from today to respond to the application and the matter will be mentioned on October 15 for a compliance hearing and further directions.