Six demonstrators charged with obstructing traffic during the July 7 demonstrations have been released on bond after the prosecution declined to oppose their application for bail.
During the proceedings, the defence launched a scathing attack on the charges, arguing that they amount to the criminalisation of the constitutional right to peaceful assembly and protest.
The accused persons, Dickson Muli, James Bota, Dennis Kimani, Mulinge Muteti, Michael Ngige and Julius Kamau, appeared before Principal Magistrate Paul Mutai facing charges of obstructing the operation of motor vehicles along Harambee Avenue in Nairobi by allegedly barricading the road with stones, contrary to Section 58(c) of the Kenya Roads Act.
Representing the accused, lawyer and Embakasi East MP Babu Owino urged the court not to “be used to clean the dirt of the State,” arguing that the constitutional right to protest has effectively been reduced to nothing.
He submitted that every time citizens exercise their right to demonstrate, they are arrested and charged with obstruction, adding that the charges before the court were a waste of judicial time and should have been resolved at the police station instead of occupying the court’s docket.
Owino further argued that the Office of the Director of Public Prosecutions must exercise its prosecutorial powers in accordance with the Constitution to prevent abuse of the legal process.
He also called for greater accountability during police operations, urging that police vehicles be clearly marked, officers should not conceal their faces, and their names should be visible while enforcing the law.
Defence counsel Abner Mango told the court that one of the accused, Dickson Muli, was allegedly abducted during the June 25 protests and appeared before the court with a bandaged hand and without shoes, claiming his footwear was left behind in Nairobi’s Central Business District following the incident.
Mango further submitted that where roads are to be barricaded or access restricted, the public should be informed beforehand to enable citizens to make alternative plans.
The prosecution did not oppose the accused persons’ release on bond but maintained that the constitutional issues raised by the defence ought to be canvassed before the High Court.
Regarding allegations of abduction, the prosecution submitted that any complaints against police officers should be reported to the Independent Policing Oversight Authority (IPOA) for investigation.
In his ruling, Principal Magistrate Paul Mutai admitted all six accused persons to a bond of Ksh10,000 each with an alternative cash bail of Ksh2,000.
The magistrate further directed that parties seeking to challenge or vary previous court orders referred to during the proceedings should move to the court that issued those orders.
The matter will be mentioned on a later date as the criminal proceedings continue.
