A Nairobi court has released 185 protesters detained by police during anti-government protests on Tuesday. The court strongly criticized law enforcement for neglecting minors by detaining them alongside adults.
(photo courtesy: image used for evidence content only, nothing more)
Milimani Magistrate Wandia Nyamu granted freedom to the protesters, including 18 children and a 15-year-old student from a school along Temple Road in downtown Nairobi, on a Sh10,000 personal bond each pending investigations.
"I order the immediate release of minors on a Sh10,000 bond to their parents. All adults will be released on a Sh50,000 bond each, and they must provide their details to police stations by Thursday 10 am," ruled Magistrate Nyamu.
(photo courtesy: image used for reinforcing content only, nothing more)
Refusing a request from the Directorate of Public Prosecutions and the Directorate of Criminal Investigations to extend custody for 21 days, the magistrate found no legal basis for continued detention without specific charges.
"The right to liberty and to know the reasons for arrest are fundamental. Without charges or a holding charge in court, their detention erodes constitutional rights," Magistrate Nyamu stated.
The magistrate also condemned the DCI and DPP for violating the rights of the 18 children who appeared in court alongside 167 adults. Three minors collapsed in court due to lack of food or water for over 48 hours since their arrest on Tuesday afternoon.
Defense lawyers Christine Mureithi, Joshua Malidzo, James Wanjeri, and Lempaa Soyinka sought intervention, stating that the suspects were deprived of food by police.
In response, Magistrate Nyamu ordered that they be escorted to another courtroom where they were provided with milk and bread.
For the adults, the Judiciary offered milk and glucose to help them follow proceedings that concluded just before 11 pm on Wednesday, July 3, 2024.
Lawyers accused the government of disregarding children's rights, asserting, "The state seeks 21 days for investigations at the expense of youths exercising their democratic rights guaranteed under Article 37 of the constitution. The entire country is aware of the movement (Gen Z) initiated by youth to hold the Executive accountable. The Executive and DPP have conspired to punish these young individuals," stated Mureithi.
She disclosed visiting suspects held in city police stations, where women, men, children, and adults were detained together.
Malidzo noted that most suspects, including minors, suffered injuries inflicted by police, making movement difficult for over 20 suspects.
In her ruling, Magistrate Nyamu criticized remarks by prosecution counsel Kennedy Amwayi, finding his comments on children's rights insensitive.
LINK: https://www.standardmedia.co.ke/national/article/2001498372/state-condemned-for-starving-minors-185-protestors-freed