High Court bars police from arresting businessman Jimi Wanjigi

Businessman Jimi Wanjigi can breathe a sigh of relief after the High Court in Nairobi on Friday issued orders barring the police from arresting and detaining him.

Wanjigi's legal team filed an urgent application seeking protection from what they described as politically motivated harassment by the authorities, which led to the decision.

Justice Bahati Mwamuye certified the application as urgent and scheduled the case for mention on August 16.

"Pending the inter-partes hearing and determination of the Application dated 08/08/2024, a conservatory order be and is hereby issued restraining the respondents, jointly and severally, their servants, agents, or third parties acting under the direction or authority of the respondents from detaining, arresting, or restraining the liberty and freedom of movement of the petitioner/applicant, Jimi Wanjigi," read the court orders.

The court also ordered that if Wanjigi had already been detained or restrained, he must be released immediately.

"In the event that the respondents jointly or severally, their servants, agents, or third parties acting under the direction or authority of the respondents have as at the date and time of the issuance of this court order detained, arrested, or restrained the liberty and free movement of the petitioner/applicant; a further conservatory order be and is hereby issued directing the respondents jointly and severally, their servants, agents, or third parties acting under the direction or authority of the respondents to immediately free the petitioner/applicant and to take all necessary measures to ensure the same, pending the inter-partes hearing and determination of the application dated 08/08/2024."

Nane Nane protests

Wanjigi’s legal woes stem from his alleged involvement in the Nane Nane protests that rocked Nairobi on Thursday. He claimed that after participating in the demonstrations, police officers pursued him to his Muthaiga residence where they attempted to forcefully enter his residence.

The businessman has vehemently refuted police reports alleging the seizure of items, including tear gas canisters, from one of his escort vehicles outside his residence.

"The applicant denies knowledge of the stated items and discoveries, categorically stating that the motor vehicle in which they were discovered, if at all, does not belong to him or any of his associates or affiliates as reported," Wanjigi stated in his court papers.

In a press briefing, Acting Inspector-General of Police Gilbert Masengeli said four teargas canisters, two Motorola gadgets, seven assorted chargers for pocket phones, and one mobile phone were recovered from a vehicle parked outside Wanjigi’s gate. The police narrative detailed a dramatic motor vehicle chase involving Wanjigi's motorcade from Nairobi's central business district to Muthaiga via Thika Road, culminating in a tense standoff at his residence.

Abandoned vehicle

A heavy police contingent, including the DCI's Special Crimes Unit, swarmed Wanjigi's compound and conducted a forensic analysis of the abandoned vehicle.

Wanjigi’s family described the incident as a harrowing 12-hour ordeal.

His son, Maina Wanjigi, recounted how masked officers armed with assault rifles stormed their home, assaulted family members, and conducted two invasive searches.

"In brief, they came around 7pm and forcefully broke the door. Five masked officers personally battered me. Once they entered, they assaulted my sister and mother, asked them to lie down on the floor, kicked them in the head, and from there we had no choice but to cooperate," Maina narrated.

The family complied with the officers’ demands, allowing them to conduct a search that lasted until 4am. However, two hours later, another team of officers arrived and conducted a second search.

"They conducted a thorough search until about 4am, and as a family, we thought it was over. However, at about 6am, masked individuals arrived and dragged us out of our beds, stating they wanted to continue the search. Let's say we're currently without power and Wi-Fi, and we don't understand why they decided to conduct two separate searches,” added Maina.

Wanjigi’s lawyer Willis Otieno labelled the second search as an armed robbery rather than a legitimate police operation, alleging that officers stole jewellery, cash, and other valuables. Otieno argued that the actions against Wanjigi were a political witch hunt due to his opposition to the current government.