A court in Nakuru has released Molo Member of County Assembly Mr Joseph Ngware Ng’ang’a and his personal assistant, Mr. Simon Munene arrested in connection with the June 25 anniversary protests on personal bond, citing insufficient justification by the prosecution to keep them in custody.
Senior Principal Magistrate Priscah Nyota on Friday ruled that each of the suspects be released on a personal bond of Ksh 50,000 with two sureties of a similar amount.
In a sworn affidavit presented to the court, lead investigating officer Corporal Richard Mayaka had asked for 21 more days to detain the suspects, arguing that the prosecution needed more time to record witness statements.
He further claimed that if released, the suspects were likely to interfere with the ongoing investigations.
Mr Ng’ang’a was on Thursday afternoon arrested shortly after attending the burial of Dennis Njuguna at Ndenderu in Turi Ward.
Njuguna, a student at Njenga Karume Secondary School, was allegedly killed by police during the nationwide demonstrations to commemorate those killed in the June 2024 anti-Finance Bill protests.
The MCA and his Personal assistant are suspected of orchestrating the protests in Molo on the 25th, which resulted in significant property destruction.
However, Magistrate Nyota ruled that the reasons given did not warrant prolonged detention. “The prosecution has not provided sufficient grounds to hold the suspects for the period requested,” she said, effectively denying the application filed by the prosecution team led by Ms Janet Kisoi
In her submissions Ms Kisoi indicated that the application by the investigating officer had been brought under article 49 (1) (h) of the Constitution which required him to give compelling reasons why the suspects should continue to be detained.
“We ask the court to consider the reasons given as he is investigating serious offences that occurred on June 25 particularly extensive destruction of property to which the suspects have been linked in preliminary investigations,” the State Counsel told the court
The court heard that there was a conspiracy involving the two suspects to cause destruction to Molo police station, sub county offices and judiciary premises in Molo.
Defense Counsel Peter Okiro countered that the application to hold the suspects for a further 21 days was ‘fatally’ defective as it was unsupported by facts and that the investigating officer did not appear before any Commissioner of Oaths.
He submitted that the reasons to detain suspects further should come in the form of an affidavit and that the prosecution has had 9 days to investigate allegations of stealing and arson.
Okiro informed Ms Nyota that the suspects were not a flight risk and that they were willing to abide by whatever conditions that will be imposed by the court.
The defense counsel told the court that his clients had not complained that their lives were at risk to warrant their stay in custody for 21 days. He said that the supporting affidavit sworn by the investigating officer makes numerous allegations without evidence.
Releasing the duo on bond Ms Nyota noted that there was absolutely no credible/believable material availed by the investigating officer and the prosecutor to demonstrate that the suspects are a danger to the community or business or their lives are at risk.
She ruled that nothing had been placed before the court to show that the suspects will in any way stop the investigator from recording the statements at his convenience.
Nyota said a pre-charge detention at this stage will only serve the purpose of violating the suspect’s right to liberty.
She pointed out that there are numerous witness protection measures that have been provided by the law including the Witness Protection Act, which the investigating officer could apply in protecting potential witnesses if he feels those witnesses might be interfered with.
