Babu Owino Records First Win, Secures Bond for Protesters Arrested Over Plan to Storm State House
- A Nairobi court freed two protest suspects on personal bond after dismissing the DCI’s plea to detain them for 10 more days
- Magistrate Dolphina Alego cited weak links between the accused and the viral protest posts as grounds for granting release
- The court heard that Suleiman Bilali and Robert Elwak allegedly spread a digital timetable urging demonstrators to storm State House
- Babu Owino, who represented the two, praised the ruling as a bold stand in defence of constitutional rights and judicial independence
Didacus Malowa, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.
Two men accused of sharing a viral post urging demonstrators to storm State House during Wednesday's anti-government protest have been freed on a personal bond of KSh 50,000 by a Milimani magistrate court.
Source: Original
What did the court rule on the bond terms?
In her ruling, senior principal magistrate Dolphina Alego stated that since the forms of the respondents, and their emphasis statements are not emanating from the respondents, the respondent's hearing have granted a bond, a personal bond, of KSH 50,000 with one surety of similar amount, but also a cash bail of KSH 20,000 could be given with one contact person.
The matter is set for a mention on July 8, 2025.
The magistrate, however, urged everyone to be alive to the rule of law in the democracy and let their guide be the tenets of theprogressive constitution 2010.
"We are just alive that the constitution guides us. Good governance, democracy, the rule of law. If we do not have that, we will all be in the streets. So let us be alive to that. Social justice, we are seeing our Gen Z's emerging. We must be alive to that. We cannot let it go without looking at this. These kids are talking to us. They are speaking to us. We must listen to them. It is about the rule of law, and that is why I have to say it. I cannot have the tendency of saying it out there, but in my ruling, in my courtroom, I must speak the rule of law." concluded the Magistrate
Who are the accused and what allegations did DCI present?
Suleiman Wanjau Bilali and Robert Otiti Elwak, who were arrested separately in Muthurwa and Kayole, had appeared in a Nairobi court over their alleged involvement in spreading content deemed inflammatory and misleading to the public.
Sergeant Samuel Itegi, an officer attached to the DCI, told the court that the posts put up by the two gained wide traction online in the lead-up to the June 25 protests.
According to him, the posts originated from an account identified as @daguindd on X (formerly Twitter).
"That the said publication was traced to an X account @daguindd (Daguindd before it went viral on various social media platforms, the respondents are believed to be part of suspected individuals whe planned to infiltrate a peaceful demonstration organized by the young people of Kenya (Gen 2) to engage in unlawful acts of stealing from shops, assault innocent citizens and promote political ideologies that undermines the security and stability of the country," his affidavit reads in part.
The Directorate of Criminal Investigations (DCI) further claimed that the duo shared a digital timetable urging protestors to march to State House, in what authorities described as an illegal call to action. The DCI said the content was in breach of Section 23 of the Computer Misuse and Cybercrimes Act, which criminalises the publication of false information.
"That on the 20th day of June, 2025, the applicant received intelligence information that a timetable was circulating on various social media platforma with inflammatory and inciting messages urging members of the public to attend a protest march whose aim was to unlawfully take over and occupy atate house on the 25th day of June, 2025,"he stated in the affidavit.
Sergeant Itegi further told the court that the suspects are believed to be part of a broader scheme aimed at exploiting the Gen Z-led demonstrations to sow chaos. He said the purported plan went beyond peaceful protest, citing incidents of looting, injuries to police officers, and multiple fatalities reported during the protests.
The DCI wants time to conduct forensic analysis of the suspects’ mobile phones, review their financial transactions, and gather statements from witnesses.
“The complexity of the case and the risk of interference with ongoing investigations warrants custodial detention,” Itegi said in his affidavit.
The court allowed the request, directing that Bilali and Elwak be held at the Capitol Hill Police Station.
Source: UGC
Speaking shortly after the ruling, the accused's lawyer, who is also the Embakasi East MP, Babu Owino, urged the public to continue having confidence.
"Today a ruling has been delivered on the two gentlemen who were arrested and charged with publication of false information. And the two gentlemen have been released by the magistrate on personal bonds. It means that they are free. And we want to appreciate and thank the magistrate for the brave ruling of protecting the Constitution, which is the apex of the law. Because the DCI are in the intention of detaining the suspects for a further 10-day period, which is not allowed because they've eroded the public confidence.
If we lost Albert Ojwang in the police cells, then we are not sure how many of our suspects we can detain. So we want to thank the judiciary," concluded the member of parliament.
Why were 11 Kirinyaga youths charged?
Elsewhere, 11 youths appeared at Gichugu Law Courts on June 27, each charged with malicious damage to property under Kenya’s Penal Code.
They allegedly vandalised Kutus Police Station during the Gen‑Z protests on June 25, destroying a perimeter fence and windows, a loss estimated at KSh 70,000 and a Nissan Vanette owned by a civilian, damaging it worth KSh 13,000.
The accused, who pleaded not guilty, include Joseph Irungu and Brian Mutinda, among others, and were each released on KSh 10,000 bail. Their next court mention is set for July 11, 2025.
Source: TUKO.co.ke
