Busia Senator Okiya Omtatah and 22 other individuals involved in anti-abduction protests have been released.
The court rejected the State’s request to detain Omtatah and the other protesters for 14 days, ruling that no compelling reasons were provided.
Consequently, the court ordered the release of the group with Ksh.1,000 cash bail each. The protesters had been arrested on Monday December 30 during demonstrations in Nairobi CBD.
The Directorate of Criminal Investigations (DCI) had earlier requested the extraction of WhatsApp, Facebook, and X (formerly Twitter) messages from the senator’s and protestors’ phones.
In an application seen by The Kenya Times, prosecutors were seeking to have the phones of these individuals submitted to the Communications Authority for data extraction including photographs.
DCI to Extract WhatsApp, Facebook, and X Messages from Omtatah and 22 Others
The DCI claimed the suspects were involved in inciting the public against the government.
“That, the mobile phones of the suspects need to be taken to Communication Authority of Kenya to extract WhatsApp, Facebook and x messages and photographs taken that are inciting members of the public against the state,” read the application in part.
Also Read: Okiya Omtatah Arrested in Nairobi CBD
Additionally, the prosecutor sougth to obtain CCTV footage from the nearby Java and Naivas supermarkets to aid in their investigations.
According to the charge sheet, Okiya Omtatah and the other detainees face multiple charges, including incitement to violence and disobedience of the law under Section 96 of the Penal Code.
They were also accused of participating in an unlawful assembly, an offense under Section 78(1) as read with Section 79 of the Penal Code.
Additionally, they face charges of creating a disturbance in a manner likely to cause a breach of the peace, contrary to Section 95(1)(b) of the Penal Code.
Why DCI Wanted Omtatah Detained for Next 14 Days
The prosecution argued that releasing the respondents may disrupt peace and stability within the country.
They claim the respondents pose a threat by allegedly inciting the public through social media platforms, which could lead to disharmony.
To ensure a thorough investigation, the prosecution has requested the court to grant them 14 days to detain the respondents at Central Police Station to address the outlined concerns.
“That the respondents are a threat to peace and stability of the country as they continuously incite members of the public via social media platforms, if released therefore they will cause disharmony in the country,” the application read further.
Also Read: Okiya Omtatah Whereabouts Revealed After Reported Missing
“That, for the interest of justice, I pray this honourable court to grant me fourteen (14) days to detain the respondent at Central Police Station in order to complete my investigation and cover the above stated points.”
Okiya Omtatah was arrested on Monday, December 30, alongside other protesters during a demonstration along Aga Khan Walk in Nairobi’s city centre.
The group was protesting against the increasing cases of abductions and enforced disappearances, which they claimed were targeting government critics.
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