Activist Boniface Mwangi and four co-accused individuals were released on cash bail by a Nairobi court on Friday. The bail, set at Ksh20,000 each, comes amidst accusations of inciting violence during recent anti-government demonstrations.
Police had requested to detain Mwangi, Robert Otieno, Albert Wambugu, Pablo Chacha, and Erot Franco for 21 days to conclude their investigations. The arrests occurred on July 25, 2024, on Koinange Street, Nairobi, where the group allegedly disrupted public order.
According to State Prosecutor Judy Koech, the accused obstructed traffic by placing a white coffin and seven white crosses, symbolising individuals purportedly killed by police during the protests. Koech argued that the actions and social media posts by the suspects insinuated government-sanctioned extrajudicial killings, inciting public unrest.
"The suspects had posted allegations on various social media platforms that the government was out to kill its citizens. These words were deemed to mean that the government was carrying out extrajudicial killings," Koech stated. She insisted that the social media activities of the accused led to a breach of peace, necessitating further investigation time.
Defence lawyers countered the prosecution's request, arguing there were no substantial grounds to detain their clients for an extended period. They highlighted that the suspects' mobile phones had already been confiscated, diminishing the necessity for prolonged custody.
The court proceedings drew significant attention, with Senior Principal Magistrate Gilbert Shikwe presiding. Shikwe ruled in favour of the defence, granting bail and emphasising the importance of balancing the investigation process with the suspects' rights.
This case marks another chapter in the ongoing tensions between activists and the Kenyan government, with Mwangi at the forefront of numerous protests. His recent actions have reignited debates over freedom of speech and the state's response to dissent.
Mwangi's supporters argue that the charges are politically motivated, aimed at silencing a vocal critic of the government. On the other hand, the government maintains that such demonstrations pose a risk to public safety and order.
As the investigation continues, the spotlight remains on the Kenyan judicial system's handling of cases involving political activism. The outcome of this case could set a precedent for future interactions between activists and law enforcement.
This incident also points to the role of social media in contemporary activism. The ability of individuals to mobilise support and disseminate information rapidly has transformed the landscape of civil protest, challenging traditional methods of state control.
The case has drawn significant public interest, with many viewing it as a test of the government's tolerance for dissent. The arrest and subsequent release of Mwangi and his co-accused have sparked widespread discussions on social media, with supporters rallying behind the activists and critics questioning the legitimacy of the charges.
As the police continue their investigations, the public remains divided on the issue. Some see the activists' actions as a necessary protest against government overreach, while others view them as a disruption of public order.
The next court hearing is expected to shed more light on the evidence gathered by the police and the direction the case will take. Meanwhile, Mwangi and his co-accused are preparing to continue their activism, undeterred by the recent events.
