Boniface Mwangi Released

UPDATE: Activist Boniface Mwangi and four others have been released on a cash bail of Ksh20,000 each.

This is after the High Court declined the application by DCI to hold the accused for 21 days, stating that they did not indicate what they intended to do with them during that time, nor the details of their investigation.

Detectives from the Directorate of Criminal Investigations (DCI) on Friday, July 26 sought court orders to detain activist Boniface Mwangi and four others for 21 days to complete investigations into allegations of cybercrime and incitement. 

The four arrested alongside Mwangi were Robert Otieno, Albert Wambugu, Pablo Chacha and Erot Franco. 

The five are accused of “false publication” contrary to Sections 22(1) of the Computer Misuse and Cyber Crime Act, “unlawful assembly” and “incitement."

They are also facing accusations of creating a disturbance in a manner likely to cause a breach of peace.

"Application is brought under the cited provisions of the law and is premised on the ground that on 25th July 2024 around 1130hrs or thereabout at Nairobi Central Business District, along Koinange Street the respondents with others caused a breach of peace and inconvenienced other road users by blocking the road by placing one white coffin and seven white crosses with names inscribed on them.

"That, the respondents during the blocking of the said road, were distributing T-shirts and placards labelled with incitement words. That, the respondents through various social media platforms had posted allegations that the government was out to kill its citizens which words were deemed and construed that the government was perpetrating extrajudicial killings; posts which incited members of the public, causing a breach of peace," documents seen by Viral Tea read in part.

The DCI sought that the Milimani Law Court issue custodial orders authorizing the holding of the five accused at the Central Police Station for 21 days to enable the completion of the investigations.

According to the police, Mwangi and his co-accused on July 25, 2024, at around 11:30 am at the Nairobi CBD along Koinange Street caused a breach of peace to the point of inconveniencing other road users. 

The police said Mwangi and his co-accused blocked the road by placing a white coffin and seven white crosses with names on them on the road. 

“The respondents during the blocking of the said road, were distributing T-shirts and placards labelled with incitement words,” added the documents.

Additionally, DCI said Mwangi and his co-accused through various social media platforms posted allegations that the government was out to kill its citizens, words detectives said were deemed and construed that the government was perpetrating extrajudicial killings, and posts thich incited members of the public, causing a breach of peace.

Mwangi and his co-accused were arrested on Thursday, July 25 during the anti-government protests and booked at Central Police Station. DCI said investigations into the alleged offences are ongoing to establish the motive of carrying the assorted items they were arrested with. 

Further, police disclosed that the mobile phones of the suspects have been confiscated to be subjected to cyber forensics for analysis.

"Investigations are ongoing and there is a need to establish where the white coffin and the white crosses were sourced from as well as establish their financier(s).

"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," read the documents in part.

DCI claimed that the “respondent's place of abode is still unascertained thus releasing them may jeopardize the investigations.”

This is likely to further intensify calls from members of the public for Mwangi to be released, given that this comes moments after social media personality Shadrack Kiprono, popularly known as Shad Khalif, was set free a day after being arrested while at a restaurant in Nairobi.

Selfie of Shad Khalif while waiting to be booked at Central Police Station on July 25, 2024. /SHAD KHALIF