Nairobi: Court Frees 2 Men Accused of Sharing Viral Post Urging Protesters to March to State House
- Two men who had been arrested for allegedly spreading a digital protest timetable that called for demonstrators to march to the State House were freed
- The prosecution claimed the content was inflammatory and intended to incite violence during the Gen Z-led protests of June 25, which shook parts of Nairobi
- A magistrate closed the case, outlining reasons behind the decision and called for respect for the rights of arrested individuals
TUKO.co.ke journalist Harry Ivan Mboto has over three years of experience reporting on politics and current affairs in Kenya
Nairobi: The dust has settled, and two Kenyans accused of fanning political flames online have walked free after a court shut down their case.
Source: Original
Suleiman Wanjau Bilali and Robert Otiti Elwak were arrested in connection with a viral post urging anti-government protesters to storm State House on Wednesday, June 25.
The Directorate of Criminal Investigations (DCI) alleged that the two shared a timetable circulated on social media, which called on demonstrators to illegally march toward one of the most heavily guarded locations in the country.
What were Suleiman Wanjau and Otiti accused of?
According to Sergeant Samuel Itegi from the DCI, the post originated from an account identified as @daguindd on X (formerly Twitter).
He told the court that the content had gone viral before the Gen Z-led protests, raising concern among security officials.
The DCI maintained that the material breached Section 23 of the Computer Misuse and Cybercrimes Act, which prohibits the spread of false or misleading information online.
Authorities claimed the duo were among individuals allegedly planning to hijack what was expected to be a peaceful protest by inciting violence, looting, and advancing politically charged messages.
"The respondents are believed to be part of suspected individuals who planned to infiltrate a peaceful demonstration organised by the young people of Kenya (Gen Z) to engage in unlawful acts such as stealing from shops, assaulting innocent citizens and promoting political ideologies that undermine the security and stability of the country," the affidavit seen by TUKO.co.ke read in part.
Why was the case closed by the magistrate?
Magistrate Dolphina Alego ruled that the 10-day period granted to authorities to conduct investigations was sufficient and that there were no compelling reasons to continue holding the suspects.
In her ruling, she leaned on a precedent set by Judge Luka Kimaru, who had ruled on similar constitutional matters in a separate case.
Quoting the earlier ruling, Alego noted that prolonged detention without charges violates constitutional rights and could easily turn into an abuse of power.
Kimaru had previously emphasised the importance of informing suspects about the reasons for their arrest, ensuring they have access to legal representation, and avoiding excessive detention periods.
The magistrate echoed these sentiments, underlining that investigative needs must be weighed against the individual rights of suspects.
While national security is a priority, she said, it should not override constitutional guarantees.
Source: Original
Gen Z protest suspects shout "wantam" during hearing
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In a related incident previously reported by TUKO.co.ke, a court session in Nairobi took a dramatic turn as three young men accused of inciting violence during the June 25 Gen Z protests appeared before a magistrate.
The courtroom moment quickly turned theatrical when the accused began chanting rallying cries such as “Amandla” and “viva,” drawing attention from those present.
Videos showed them leading a call-and-response chant of “wantam,” a phrase widely understood as a swipe at President William Ruto, implying he would only serve one term.
Proofreading by Asher Omondi, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
