Two MPs allied to Deputy President Rigathi Gachagua have secured court orders against their arrests over the ongoing probe into the funding of the Gen Z protests.
On Monday, High Court judge Chacha Mwita issued orders restraining the police from arresting or detaining Embakasi North MP James Gakuya and his Embakasi Central counterpart Benjamin Gathiru Mejja Donk until September 17 when further directions will be given.
The two lawmakers are close allies of Gachagua. They were on July 31 picked from Parliament Buildings and questioned for hours over the Gen Z protests before being released.
Their grilling followed that of three senior aides of Gachagua who have also been quizzed over the ongoing probe seeking to establish those who could have financed the anti-government protests.
Police visited the offices of the officials in Karen, Nairobi for their statements in a session that took hours.
Gakuya and Mejja Donk have denied any involvement in the protests and moved to the High Court, citing arbitrary arrests and intimidation from detectives.
The High Court has directed that their petition, which was filed under certificate of urgency, be immediately served on all parties and responses filed in another seven days. The court set the mention of the matter for September 17 for further directions.
“That in the meantime, a conservatory order is hereby issued restraining the respondent, their agents or servants from arresting, detaining, confining, pursuing and or in any other way interfering with the petitioner’s liberty in connection with the allegations giving rise to this petition,” Justice Mwita said in the orders.
Gakuya and Mejja who Lawyer Danstan Omari is representing termed their arrest as a witch-hunt and challenged those with evidence against them to present it to court.
“Anybody with any evidence of any facts of any mistake we did should come very clear and tell us this particular day, you finance ABCD,” the third-term lawmaker said after he was released.
Gakuya and Mejja Donk had moved to court to stop their arrest in relation to the matter.
The judge directed the petitioners to file and serve a supplementary affidavit if need be within seven days, together with written submissions to the application and petition, not exceeding 10 pages.
Speaking to the media outside the court, said that the two had been arrested on allegations that they had been sponsoring Anti-Government Protests within the country.
The DCI was questioning them on allegations that they have been colluding with Deputy PresidentGachagua.
“Court is coming up strongly as our only hope, as the Government cannot be intimidating leaders, “added Omari.
Lawyer Shadrack Wangui said these young men have been leaderless and it’s known very well why they have been protesting, they have been calling for accountability.
Omari added that it started as a revolution where young people raised fundamental accountable questions which brought about questions of the transparency and capability of the then cabinet led by President William Ruto capacity to lead the country, out of that the demonstrations were organic and Government spokesperson said they were sponsored by the Russians which is on record.
Omari added that supporters of Gachagua were targeted and held incommunicado and questioned about their relationship with the Deputy President.
“They were told to surrender their telephone handset but we advised them not to surrender because there were no court orders, but the officers moved to court and received the orders to take the phones, “added Omari.
Detectives are seeking to unmask the faces of people the government believes bankrolled the protests which occasionally turned chaotic leading to deaths, looting, destruction of businesses and injuries.
The government has admitted time and again that what started as a peaceful exercise of the constitutional right to picket by Gen Z was infiltrated by goons allegedly paid to cause mayhem and discredit the mass action.
“They have also asked whether we were buying T-shirts and water, which I believe is just political and they are just politicking,” Mejja Donk said.
The two lawmakers are seen as Gachagua’s close allies in Parliament, with the Deputy President now in a tight political corner amid growing talks of impeachment.
“They should stop forthwith witch-hunting people by painting them as followers of somebody because we are not, we are members of UDA,” Gakuya said.
Police have also questioned other Gachagua allies over their possible involvement in sponsoring the demonstrations.
They include former Embakasi West MP Eric Theuri, former Nyeri Town MP Ngunjiri Wambugu and the DP’s private secretary Munene wa Mumbi.
Wambugu currently works as a political adviser in the DP’s office while Theuri works as the youth adviser.
