Court suspends the arrest of Hon Gakuya and Hon Benjamin Gathuru Mejja.
High Court Judge Chacha Mwita has suspended the arrest and prosecution of Hon James Mwangi Gakuya and Hon Benjamin Gathuru Mejja.
“He ordered that in the meantime, a conservatory order is hereby issued restraining the respondent, their agents and or servants from arresting, detaining, confining, pursuing and or in any other way interfering with the petitioners’ liberty in connection with the allegations giving rise to this petition until 17th September 2024,”Said Judge Chacha.
Embakasi North MP Gakuya and his Embakasi Central counterpart Benjamin Mejja Donk who are being represented by Lawyer Danstan Omari are now free to continue with their operations.
Gakuya and Mejja Donk had moved to court to stop their arrest in relation to the matter.
The judge directed the petitioners to file and serve a supplementary affidavit if need be within seven days , together with written submissions to the application and petition, not exceeding 10 pages.
Speaking to the media outside the court, said that the two had been arrested on allegations that they had been sponsoring Anti-Government Protests within the country.
The DCI was questioning them on allegations that they have been colluding with the Deputy President Rigathi Gachagua.
“Court are coming up strongly as our only hope, as the Government cannot be intimidating leaders, “added Omari.
Lawyer Shadrack Wangui said these young men have been leaderless and it’s known very well why they have been protesting, they have been calling for accountability.
Omari added that it started as a revolution where young people raised a fundamental accountable questions which brought about questions of the transparency and capability of the then cabinet led by President William Ruto capacity to lead the country, out of that the demonstrations were organic and Government spokesperson said they were sponsored by the Russians which is on record.
Omari added that supporters of Gachagua were targeted and held incommunicado and questioned about their relationship with the Deputy President.
“They were told to surrender their telephone handset but we advised them not to surrender because there were no court orders, but the officers moved to court and received the orders to take the phones, “added Omari.
Omari says that when is being witnessed Kenya never changes as AZIMIO Members were being harassed but now they are the offenders.
He added that phones are being analyzed by DCI officers but now Judge Mwita has stopped the officials from arresting them.
Further directions will be issued on September 17.
