A Nairobi Court has given the way forward on the case against activist Boniface Mwangi who was arrested while participating in anti-government protests in Nairobi CBD.
The court on Friday, July 26, 2024, declined the application by the Directorate of Criminal Investigations (DCI) to detain Mwangi for 21 days.
The judge stated that the prosecution did not indicate what it intended to do with Mwangi and other four co-accused during that time, nor the details of their investigation.
As such, Boniface Mwangi and four others have been released on a cash bail of Ksh20,000 each.
“The Judge has declined the application by @DCI_Kenya to hold the accused for 21 days, stating that they did not indicate what they intended to do with them during that time, nor the details of their investigation” the statement read.
Boniface was arrested alongside Albert Wambugu, Robert Otieno, Pablo Chacha and Erot Franco on July 25 in Nairobi CBD.
Earlier, Police in Nairobi had sought to detain Mwangi for 21 days to complete investigations on accusations of false publication (Computer Misuse & Cybercrime Act), unlawful assembly and incitement.
In a court document dated July 26 and seen by The Kenya Times, the authorities alleged that the activist had taken part in an unlawful assembly and created disturbance in a manner likely to cause a breach of the peace contrary to the constitution.
“THAT this Honorable Court be pleased to issue custodial orders authorizing the holding of the Respondents by the Applicant, through its investigators at Central Police Station for a period of twenty-one (21) days to enable the completion of the investigation,” the court document read in part.
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Charges Against Boniface Mwangi
In the application, it is alleged that on Thursday, July 25, 2024, Mwangi and four others caused a breach of peace along Koinange Street in Nairobi CBD.
At the same time, detectives attached to the Directorate of Criminal Investigations (DCI) allege that Mwangi and the four others inconvenienced other road users by blocking the road by placing a white coffin and seven white crosses with names inscribed on them.
“On 25th July 2024 around 1130hrs or thereabout at Nairobi Central Business District, along Koinange street the respondents with others caused a breach of peace and inconveniencing other road users by blocking the road by placing one white coffin and seven white crosses with names inscribed on them.
“The respondents during the blocking of the said road, were distributing T-shirts and placards labelled with incitement words,” the application read in part.
Similarly, the police revealed why the activist was being charged with false publication citing his claims that the government was out to kill its citizens.
“THAT, the respondents through various social media platforms had posted allegations that the government was out to kill its citizen which words were deemed and construed that the government was perpetrating extrajudicial killings; posts which incited members of the public, causing a breach of peace.”
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Detention
Boniface Mwangi was arrested and booked at the Central police station vide OB no. 91/25/07/2024.
According to the DCI, investigations into the offences are ongoing with a view of establishing the motive of carrying the assorted items that they were arrested with.
According to the document, his mobile phones have been confiscated to be subjected to cyber forensic for analysis.
The application further revealed that investigations into the origin of the white coffins, crosses as well as the financiers of the incident.
“THAT, the investigations are ongoing and there is need to establish where the white coffin and the white crosses were sourced from as well as establish their financier(s),” DCI said.
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