NAIROBI, Kenya — Two close allies of former Deputy President Rigathi Gachagua have been released on Sh50,000 cash bail each, after a Kahawa court dismissed the prosecution’s attempt to hold them further under the Prevention of Terrorism Act.
Wanjiku Thiga and Peter Kinyanjui, popularly known as Kawanjiru, who serve as youth officials in the Democracy for Citizens Party (DCP), were granted Sh200,000 bond with a surety of similar amount, or the alternative of a Sh50,000 cash bail with one contact person.
Delivering the ruling on Wednesday, Magistrate Gideon Kiage said the prosecution had failed to provide compelling grounds to justify continued detention, despite the serious-sounding terrorism-related charges.
“That mere fact, however, in the absence of any other ground in support thereto, does not and cannot suffice to upset the presumption of innocence as guaranteed under the Constitution,” Kiage said. “To hold otherwise would be tantamount to affirming that all that is needed for the denial of bail is for the prosecution to present serious-sounding charges with stiff penalties.”
Court Blasts Unverified Witness Statements
Magistrate Kiage noted that the accused had been in custody for up to 22 days, giving police ample time to verify their identities and backgrounds.
He criticised the prosecution’s reliance on statements from undisclosed individuals whose credibility could not be tested.
“This is an invitation which the court must politely turn down,” he added, firmly dismissing the State’s request to detain the accused further.
Arrested, Released, Then Rearrested
The two had earlier secured release from Kiambu and Ruiru courts, where they were charged with offences linked to the June 25 anti-government protests, including unlawful assembly and rioting.
However, they were swiftly rearrested and arraigned at Kahawa law courts on fresh terrorism-related charges—a move their defence lawyers termed as judicial harassment and abuse of legal process aimed at intimidating political opponents.
Their release is seen as a legal win for Gachagua’s camp, which has accused the State of targeting its members through arbitrary arrests.
Foreign Protesters Also Granted Bond
In the same court session, three foreign nationals arrested during the protests were also released on bond.
The court ordered each to post a Sh200,000 bond with a Kenyan surety, but denied them the cash bail option.
The ruling adds to growing concerns over the use of terrorism laws to suppress political dissent, especially in the wake of the deadly Saba Saba and Gen Z demonstrations that have swept across the country in recent weeks.
Human rights groups and legal observers have repeatedly called for judicial independence and restraint in how national security laws are applied—especially against activists, youth leaders, and opposition figures.
