Busia Senator Okiya Omtatah and 22 other protesters, arrested during a demonstration in Nairobi, have been released on a significantly reduced bail of Ksh.1,000 each. This reduction, from the initially set Ksh.50,000, was described by the court as a gesture of goodwill for the New Year.
The group was apprehended on Monday in Nairobi’s Central Business District while protesting against the rising cases of abductions and enforced disappearances, particularly targeting government critics. They were arraigned before Milimani Principal Magistrate Rose Ndombi on Tuesday, facing charges of incitement to violence and civil disobedience.
During the hearing, the accused, represented by defense lawyers led by Kalonzo Musyoka and Martha Karua, contested the original bond terms, requesting a more affordable amount of Ksh.5,000 each. They argued that the high bail was unjust, especially during a financially challenging period like the New Year’s celebrations.
The prosecution, however, maintained that the suspects posed a potential threat to national peace, alleging they used social media platforms to incite public unrest. Law enforcement further requested a 14-day detention period to complete investigations, but this was vehemently opposed by the defense team.
In her ruling, Magistrate Ndombi reduced the cash bail to Ksh.1,000 per person, acknowledging the financial strain on the accused while balancing legal obligations. The Law Society of Kenya (LSK) pledged to pay the bail for all 23 protesters, emphasizing its support for the accused in the fight against what they termed a crackdown on freedom of expression.
As part of the court’s directive, the mobile phones of the accused will remain in police custody as investigations continue. The case is scheduled for mention on January 21, providing the police additional time to conclude their inquiries.
The arrests and subsequent court proceedings have drawn significant public attention, with activists and legal experts highlighting concerns over shrinking civic space and the government’s handling of dissent. The release on reduced bail is viewed by many as a victory for civil liberties, but the case’s outcome will likely set a precedent for future protests.
Okiya Omtatah, known for his vocal criticism of government policies, reiterated his commitment to championing human rights and transparency, vowing to continue advocating for justice irrespective of the obstacles.
