BY SAM ALFAN .
The High Court has temporarily stopped the police and the Director of Criminal Investigations Renson Ingonga from arresting and charging four politicians and an aide to Deputy President Rigathi Gachagua.
Justice Chacha Mwita stopped the DCI from arresting and detaining MPs James Gakuya of Embakasi North Benjamin Mejja Donk of Embakasi Central, pending hearing and determination of the case.
“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,” ruled Judge Mwita.
In another court justice Lawrence Mugambi also stopped the DCI from arresting former Nyeri MP Wambugu Ngunjiri, politician George Theuri who works at the office of deputy president and Pius Munene, Gachagua’s aide.
“A conservatory order is hereby issued restraining the Respondents whether by themselves, their officers, servants, agents or acting on their behalf from arresting, detaining, confining, prosecuting or in any other way interfering with the liberty of the Petitioner/ Applicants arising out from the allegations raised in this Petition pending hearing and determination,” ruled judge Mugambi.
The five moved to court after the DPP approved charges of conspiracy to commit a felony against the five, over the violent protests in June.
The police claim that the five facilitated or funded that they funded the demonstrations, which were led by Gen Z.
“There exists extreme exigency as the Respondents intend to illegally and unlawfully arrest, detain, abduct, arraign, prosecute and change the Applicants herein in gross violation of the Constitution and violation of the Applicants’ constitutional Right,” says the MPs.
They argued that the claims of funding the protests were baseless and the planned charges trumped up.
“Unless this application is certified urgent and the Orders sought herein be based, then the actions of the Respondents shall render the entire petition otiose and a mere academic exerebe in addition to the gross violation of the Constintion and violation of the applicants’ constitutional Rights,” they submitted.
