The police have filed a motion in court requesting permission to detain prominent human rights activist Boniface Mwangi for 21 days. The authorities state that the extended detention is necessary to investigate multiple accusations against Mwangi, Robert Otieno, Albert Wambugu, Pablo Chacha, and Erot Franco.
According to court documents, the four are being investigated for false publication under Section 22(1) of the Computer Misuse and Cyber Crime Act. Additionally, Mwangi faces charges of holding an unlawful assembly and creating a disturbance.
The police allege that on July 25, 2024, at approximately 11:30 AM, Mwangi and others caused a breach of peace in Nairobi’s Central Business District along Koinange Street. The group reportedly blocked the road with a white coffin and seven white crosses bearing names. They were also distributing T-shirts and placards with incendiary messages.
The documents state, “The respondents, through various social media platforms, had posted allegations that the government was out to kill its citizens. These words were deemed and construed that the government was perpetrating extrajudicial killings; posts which incited members of the public, causing a breach of peace.”
The police argue that a 21-day detention is necessary to gather sufficient evidence against Mwangi and his colleagues. Their phones have been confiscated and are undergoing forensic analysis to identify potential financers. Investigators are also working to determine the source of the white coffin and crosses.
“It is in light of the foregoing that I pray this Honourable Court to issue custodial orders authorising the holding of the respondents in the applicant’s custody for twenty-one (21) days to enable the applicant to conclude its investigations,” the documents read.
The police indicated that additional charges might be brought against respondents once the investigation is complete.
Former Chief Justice Willy Mutunga said, “The police and the ODPP have clearly not read the 2010 Constitution. We are back to the 1960s-1970s-1980s-1990s-2000s. For them 27 August 2010 never took place. Fascism.”
Amid the legal proceedings, calls for respect of civil society and youth rights have emerged. President William Ruto recently spoke with US Secretary of State Antony Blinken, who emphasized the importance of freedoms of assembly and expression as enshrined in Kenya’s constitution.
“The Secretary underscored the importance of freedoms of assembly and expression as enshrined in Kenya’s constitution, emphasised the vital role played by youth and civil society organizations in healthy democracies, and urged respect for their contributions to Kenya’s development,” read a statement from the Office of the Secretary of State.
