Six people arrested during Saba Saba protests freed on bail as defence claims state is criminalising demonstrations

Six people arrested during Saba Saba protests freed on bail as defence claims state is criminalising demonstrations
Six people arrested during Saba Saba protests freed on bail as defence claims state is criminalising demonstrations - Milimani Law Courts, Nairobi. (Photo: Judiciary)
Milimani Law Courts, Nairobi. (Photo: Judiciary)

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10 arrested in Nairobi as police clamp down on Saba Saba protests

Bashir Mbuthia  ·  1 day ago
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The six, identified as Dickson Muli, James Bota, Dennis Kimani, Mulinge Muteti, Michael Ngige and Julius Kamau, appeared before Principal Magistrate Paul Mutai at the Milimani Law Courts, charged with obstructing motorists along Harambee Avenue in Nairobi.

Six men accused of disrupting traffic during the July 7 Saba Saba protests have been released on bond after a Nairobi court heard arguments that the State is increasingly using criminal charges to suppress the constitutional right to peaceful assembly.
The six, identified as Dickson Muli, James Bota, Dennis Kimani, Mulinge Muteti, Michael Ngige and Julius Kamau, appeared before Principal Magistrate Paul Mutai at the Milimani Law Courts, charged with obstructing motorists along Harambee Avenue in Nairobi.
According to the charge sheet, the accused allegedly blocked the road by placing stones on the carriageway, thereby interfering with the movement of vehicles during the demonstrations.

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The prosecution, however, did not oppose their release on bail, paving the way for the court to consider the terms of their release.
During the proceedings, defence lawyer Babu Owino faulted the decision to prosecute the six, arguing that the criminal justice system was being used to punish citizens for exercising their constitutional freedoms.
He told the court that cases arising from peaceful demonstrations were becoming increasingly common, with protesters routinely facing obstruction-related charges instead of having minor issues resolved at the police station.

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"The right to protest is slowly being criminalised," Owino submitted, urging the court not to legitimise what he described as unconstitutional actions by the State.
Another defence lawyer, Abner Mango, raised concerns over the treatment of one of the accused, Dickson Muli, claiming he had previously been abducted during the June 25 protests.
Mango told the court that Muli appeared before the magistrate with a bandaged hand and without shoes, circumstances he said reflected the manner in which protesters were being handled.
He further argued that if authorities intended to block roads during public demonstrations, they should first notify the public to enable them to plan alternative routes and minimise disruption.
While declining to oppose bail, the prosecution maintained that the constitutional questions raised by the defence fell within the jurisdiction of the High Court.
State prosecutors also submitted that any allegations of abduction or police misconduct should be reported to the Independent Policing Oversight Authority (IPOA) for investigation rather than being addressed within the criminal proceedings.
In his ruling, Principal Magistrate Mutai admitted each accused person to a bond of Sh10,000 with an alternative cash bail of Sh2,000.
The magistrate further directed that any application relating to previous court orders cited during the proceedings should be filed before the court that issued those orders.
The case will be mentioned after two weeks for further directions and a hearing.

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