NAIROBI, Kenya – Lawyer Ndegwa Njiru has been released after the Office of the Director of Public Prosecutions (ODPP) declined to approve an alleged traffic-related charge that had been expected to be brought against him.
Njiru, who had been arrested on Thursday morning after spending the night in police custody, was released after prosecutors informed him and his legal team that no charges had been sanctioned.
His release came hours after he was presented before the Milimani Law Courts, where he had been expected to take plea over an alleged obstruction offence.
Addressing journalists outside the court, Njiru maintained that his arrest would not deter him from carrying out his work.
“We are not going to allow fear to enslave us. We will overcome our fear,” he said.
Njiru was represented by a legal team comprising senior advocates Nelson Havi, Kibe Mungai and Vincent Lempaa.
The lawyers argued that his arrest and continued detention lacked any legal basis because the ODPP had not approved criminal charges against him.
According to the defence, prosecutors confirmed before court that no obstruction charge had been sanctioned, effectively ending the intended prosecution before plea-taking.
The legal team further argued that Njiru’s constitutional rights and fundamental freedoms had been violated, maintaining that police could not lawfully continue detaining him in the absence of an approved charge.
Following his release, Njiru indicated that he would move to the High Court to challenge what he described as his unlawful arrest and detention.
Senior Counsel Nelson Havi commended the lawyers who supported Njiru throughout the court proceedings.
The advocate also dismissed claims linking him to alcohol consumption, insisting he has never consumed alcohol and describing the allegations circulating against him as false.
Njiru first announced his arrest through a statement posted on his social media accounts on Wednesday night.
He claimed officers from Kasarani Police Station arrested him after his vehicle developed mechanical problems along Thika Highway.
“I have been arrested by the Kasarani police. I am at Kasarani station. I am being accused of obstruction after my vehicle broke down on the Thika Highway. Police are yet to book me,” Njiru said in the statement.
The circumstances surrounding his arrest sparked public debate, with some political leaders, lawyers and members of the public questioning the basis of the police action.
While the criminal proceedings have not moved forward following the ODPP’s decision, Njiru has signalled that the matter could now shift to the High Court as he seeks legal redress over his arrest and detention.