Former Deputy President Rigathi Gachagua’s ally, Senator Karugo wa Thang’wa, has moved to court seeking to block the police and the Director of Public Prosecutions (DPP) from arresting and charging him over chaos that occurred at a burial event in Limuru.
In a lawsuit filed at the Milimani High Court under certificate of urgency, Thang’wa seeks to block his imminent prosecution by the government over the chaos, where an irate mob disrupted funeral proceedings and allegedly attacked Gachagua. Thang’wa claims the actions against him are politically motivated and part of a “witch hunt.”
Through his lawyer, Moses Mabeya, Thang’wa states that he has received credible information from officers of the Kenya Police that they are under express instructions to arbitrarily capture, abduct, and/or arrest him for ulterior political motives.
“More specifically, in the morning of November 30, 2024, officers who were in unmarked motor vehicles trailed, ambushed, and blocked the Applicant’s motor vehicle along Thika Road. The said officers wore face-covering masks and cannot be identified or even identify themselves,” Thang’wa states in an affidavit.
According to the senator, he only narrowly escaped as he changed vehicles at a petrol station.
“The said officers indicated to my driver that they intend to arrest, detain, abduct, and embarrass me,” Thang’wa says.
“There is a witch hunt and abuse of powers by the Respondents herein by unlawfully and illegally targeting supporters and close associates of the former Deputy President in a bid to unlawfully arrest, embarrass, and intimidate them for merely exercising their political rights that are guaranteed by the Constitution,” the court papers state.
“Pending the hearing and determination of this application, this honorable court should be pleased to issue a conservatory order restraining the IG, DCI, DPP, and AG, and their servants, agents, junior officers, and/or anybody from effecting and/or arresting, charging, harassing, or otherwise interfering with the liberty of the Applicant in respect to the issues raised in this Petition,” lawyer Mabeya seeks.
The senator’s troubles stem from a funeral service he attended on November 26, 2024, together with former Deputy President Gachagua, during which goons allegedly attacked both men, injuring Gachagua and damaging Thang’wa’s motor vehicle.
“Thang’wa reported the matter to the DCI, who declined to record an OB or take the Applicant’s statement,” lawyer Mabeya says.
Thang’wa, a close ally of Gachagua, was later summoned to the Regional Criminal Investigations office in Nyeri to provide information about the November 26, 2024 incident, which occurred at the Bibirioni Boys High School playground.
The DCI stated that the investigations focused on allegations of malicious damage to property and injuries caused during the fracas.
“As a result of the Respondents’ unlawful actions and illegal attempts at abduction, the Applicant is under imminent threat of arrest and/or abduction by the Respondents and is justifiably apprehensive that his constitutional rights are being violated,” Mabeya argued.
Furthermore, the senator firmly believes that the timing of the arrest and the manner in which it is set to be conducted is designed to send a direct message as a scare-mongering tactic to any would-be supporters of the former Deputy President, and as such, does not further the course of justice.
