Okiya Omtatah, 22 Others Released On Ksh1,000 Bail
The prosecution explained that the individuals are being investigated for several offences, including incitement to violence, disobedience of the law, and creating a disturbance likely to cause a breach of peace.
Viral Tea Ke Writer 
UPDATE: Busia Senator Okiya Omtatah and 22 other protesters arrested in Nairobi on Monday, December 30 have been released on bond. Initially set at Ksh50,000 with a similar surety, the bond amount was cut down to Ksh1,000 each by the court in a gesture of goodwill for the New Year.
The 23 individuals were arrested in Nairobi’s Central Business District during protests against the increasing cases of abductions and enforced disappearances targeting government critics. They were arraigned before Milimani Principal Magistrate Rose Ndombi on Tuesday, December 31, facing charges of incitement to violence and civil disobedience.
During the hearing, the accused opposed the initial bond, requesting a lower amount of Ksh5,000 each, citing financial difficulties, especially on New Year's Eve. At the same time, the High Court rejected the State's bid to detain the 23 for 14 days.
The Director of Public Prosecutions (DPP) has filed a petition to have the mobile phones belonging to Busia Senator Okiya Omtatah and other individuals arrested during the demonstrations on Monday, December 30 obtained for investigation purposes.
In the petition the DPP's office (ODPP) filed on behalf of the Directorate of Criminal Investigations (DCI), the prosecutors revealed that the investigative agency wanted the phones so that they could extract messages and pictures shared on social media by Omtatah and his co-accused to assist them in their investigations.
The prosecution explained that the individuals are being investigated for several offences, including incitement to violence, disobedience of the law, and creating a disturbance likely to cause a breach of peace.
Officers stand guard outside the DCI headquarters along Kiambu Road. /NATIONAL POLICE SERVICE
"I am investigating offences of incitement to violence and disobedience of the law contrary to section 96 of the Penal Code, taking part in unlawful assembly contrary to section 78(1) as read with section 79 of the Penal Code, and creating a disturbance in a manner likely to cause a breach of the peace contrary to section 95 (1) (b) of the Penal Code.
"The mobile phones of the suspects need to be taken to the Communication Authority of Kenya to extract WhatsApp, Facebook, and X messages and photographs taken that are inciting members of the public against the state," read part of the application.
On Sunday, December 29, human rights organizations, lobby groups, youth, and survivors of this year’s abductions announced that the planned nationwide demonstrations for Monday, December 30 against ongoing abductions and enforced disappearances would proceed as scheduled in all 47 counties.
This was in an attempt to push the government to release Kenyans who mysteriously went missing this December. Many believe more than five people were abducted including Steve Mbisi from Machakos, Billy Mwangi (Embu), Peter Muteti (Nairobi), Bernard Kavuli (Nairobi), Gideon Kibet alias Kibet Bull (Nairobi) and Rony Kiplang'at (Kiambu).
The protesters argued that the demonstrations were aimed at pressuring the government to release those believed to have been abducted, end the arbitrary arrests, and address the demands made by Generation Z in June.
The recent surge in abductions, over 10 in December alone and more than 80 throughout the year, has sparked outrage across Kenya. Despite government denials, human rights groups, victims, and youth activists had urged Kenyans to join Monday’s nationwide protests to demand the release of those abducted by security agents and an end to the ongoing arrests.
At the same time, the DPP petitioned for Omtatah and 22 other individuals, who were arrested in Nairobi during anti-abduction protests, to be detained for 14 days.
The DCI detailed more reasons behind their request for the remanding of the 23 arrested individuals adding that they were also yet to obtain CCTV footage from a nearby restaurant and supermarket in the Nairobi Central Business District (CBD) that would aid in their investigations.
Further, they stated that they were yet to record witness statements that would aid in finalizing their investigations. The prosecution argued that if the suspects are released, they may continue to disrupt peace and tranquillity within the country.
“The respondents are a threat to peace and stability of the country as they continuously incite members of the public via social media platforms, if released therefore they will cause disharmony in the country,” they added.
The arrested are Omtatah, Davis Lichuma, Nick Kirima, Julius Imani, Ian Obongo, Hassan Githinji, Elisha Victory Ochieng, Odhiambo Ojiro, Victor Bonyo, Ademba Allans, Emmanuel Ongau, Movin James Amboka and Benjamin Mwaura.
Others are Stephen Owoko, James Ochieng, Joshua Okayo, Phabian Ochieng, Gayo Ahamo, Philip Onyango, Dalience Muthune, Cyrus Waweru, Nicholas Karanja and Wyne Ouma. Their arrest, especially that of Omtatah, caused uproar with many Kenyans tracking his status in the proceeding hours after he was apprehended.
