Businessman Jimi Wanjigi has sought judicial intervention to prevent his arrest following his participation in the Nane Nane protests held in Nairobi on Thursday. This legal maneuver comes in response to what Wanjigi describes as an overreach by the police during and after the demonstrations, which were held to celebrate Kenya’s agricultural holiday.
According to court documents obtained on friday, Wanjigi’s legal team has accused the police of using excessive force and unlawfully pursuing him. Wanjigi asserts that after joining the protests in Nairobi’s Central Business District (CBD), he was subjected to a heavy-handed response from law enforcement. The businessman claims that police deployed teargas to disperse the crowd and subsequently chased him to his Muthaiga residence, where they allegedly attempted to forcibly enter his home.
Wanjigi has requested that the court declare the attempted arrest illegal and unconstitutional. His legal arguments focus on the assertion that the police’s actions were neither lawful nor procedurally fair, thereby violating his constitutional rights. He cites breaches of Article 47 of the Constitution and Section 4 of the Fair Administrative Action Act, 2015. The court documents emphasize that the conduct of the state officers represents a significant infringement on Wanjigi’s rights and an abuse of their power.
Compounding the situation, Wanjigi has denied allegations that police discovered teargas canisters and other items in one of his escort vehicles. During a press briefing, Inspector General of Police Gilbert Masengeli reported that the police had recovered four teargas canisters, two Motorola gadgets, seven assorted chargers, and one mobile phone from a vehicle parked outside Wanjigi’s residence. Wanjigi refutes these claims, stating that the vehicle in question does not belong to him or his associates.
The Nane Nane protests, which were meant to celebrate agricultural achievements, escalated into a tense standoff between demonstrators and the police. Wanjigi, known for his outspoken political stance, joined the protests in the CBD, where the police were deployed to control the crowd. The situation intensified as Wanjigi’s motorcade engaged in a dramatic chase with police vehicles, traveling from the CBD to his Muthaiga home via Thika Road. The chase concluded with Wanjigi’s vehicle successfully reaching his compound, while the police vehicle was abandoned outside his gate.
Following the high-speed chase, a heavy police contingent, including members of the DCI’s Special Crimes Unit, set up camp outside Wanjigi’s residence. They conducted forensic analysis on the abandoned vehicle and confirmed that one person was arrested. The police also reported finding teargas canisters in the vehicle. Despite these developments, Wanjigi has not complied with the police’s request to report to the nearest station, further fueling tensions.
Wanjigi’s family has vocally condemned what they perceive as an unjustified and unlawful pursuit, raising concerns about potential abuses of power by the police. The unfolding legal battle is expected to draw significant public and media attention, given its implications for the balance of power between law enforcement and individual rights in Kenya.
As the court deliberates on Wanjigi’s application, the situation remains dynamic, with both public and political observers closely monitoring the developments. The case highlights broader issues regarding the limits of police authority and the protection of constitutional rights in the context of public demonstrations and political dissent.