NAIROBI – The Office of the Director of Public Prosecutions (ODPP) has submitted an application to a Nairobi court requesting a 14-day detention period for 23 protesters arrested on Monday, December 30, 2024, during the anti-abduction demonstrations.
According to the ODPP, the move aims to give the Directorate of Criminal Investigations (DCI) sufficient time to thoroughly probe their conduct and activities.
The arrested protesters, who include outspoken Busia Senator Okiya Omtatah, are accused of incitement to violence and disobedience of the law contrary to Section 96 of the Penal Code, taking part in an unlawful assembly contrary to Section 78(1) as read with Section 79 of the Penal Code, and creating disturbance in a manner likely to cause a breach of the peace contrary to Section 95(1)(b) of the Penal Code.
Why the DCI wants to scrutinise the protesters’ mobile data
The Court heard that the protesters’ mobile phones should be taken to the Communications Authority of Kenya to extract WhatsApp, Facebook, and X messages and photographs that incite members of the public against the state.
DPP also says that the DCI has yet to obtain the CCTV footage from the nearby Java and Naivas supermarkets to aid its investigations, record witness statements, and finalise investigations.
The DPP further argues that if the respondents are released, they may continue to disrupt peace and tranquillity within the country.
In the two-page application, the DPP states that the respondents also threaten the peace and stability of the country by continuously inciting members of the public via social media platforms.
“If released, therefore, they will cause disharmony in the country. For justice, I pray this honourable Court grants me fourteen (14) days to detain the respondent at Central Police Station to complete my investigation and cover the above-stated points.”
Why kiya Omtatah was in Court ahead of the protests
Before the demonstrations, Omtatah had filed a case in the High Court to force the Director of Public Prosecutions (DPP), the Director of Criminal Investigations (DCI), and Inspector General of Police Douglas Kanja to appear in Court and produce seven young people who had been kidnapped by people posing as police officers.
Omtatah stated, “The government is the only entity capable of disciplining those who have been criticising it.”
He demanded the resignation of the head of NIS, the IG, the DCI, and the DPP if they were unaware of the abductions.
Omtatah continued, “Because this demonstrates that they cannot carry out the responsibilities for which Kenyans have appointed and retained them in office.”
Omtatah has formed an exploratory committee to begin his presidential campaign supporting his candidacy for the 2027 election. He intends to run against the president, William Ruto.
