NAIROBI, Kenya – Three human rights defenders arrested during the June 25 protests have been released unconditionally after the High Court dismissed an application by prosecutors and police to extend their detention for further investigations.
The Kibera Law Courts ruled that the 55 days already granted to the Office of the Director of Public Prosecutions (ODPP) and the Directorate of Criminal Investigations (DCI) were sufficient, rejecting a fresh request for an additional 21 days.
The activists — John Mulingwa Nzau (alias Garang), Mark Amiani (Generali) and Francis Mwangi (Chebukati) — had faced allegations of malicious damage to property, arson, theft, incitement to violence and disobedience of the law.
They were arrested on June 27 in connection with the anti-government protests that rocked Nairobi and other cities.
In its ruling, the court closed the miscellaneous file, ordering their immediate and unconditional release.
Rights groups welcomed the decision, saying it reaffirmed the rule of law and the legitimacy of human rights work.
The Defenders Coalition said: “The Judiciary has reminded all actors that human rights defenders are not criminals but champions of human rights and freedoms.”
Kongamano La Mapinduzi also hailed the judgment, arguing that the DCI had no evidence to pursue charges.
“Activism is not a crime. DCI must stop intimidating and criminalising human rights defenders and instead focus on real crimes,” the group said.
Police had accused the three of mobilising violent groups through social media, leading to looting, injuries and destruction of property, and claimed they attempted to evade arrest by hiding along the coast.
But the Police Reforms Working Group dismissed the claims, describing Mulingwa, Amiani and Mwangi as respected activists working within the law.
The lobby said the arrests were an attempt to criminalise peaceful protest and shrink civic space.
