Four protestors who were arrested during the Saba Saba protests have been released on a cash bail of KSh2,000 each.
The four — Mulinge Muteti, Dickson Muli, James Bota Sunda and Dennis Kimani — were charged with obstructing the operation of motor vehicles on a road contrary to Section 58(c) of the Kenya Roads Act.
According to the charge sheet, Muteti and Muli are accused of, on July 7, 2026, along Harambee Avenue in Nairobi, jointly with others not before the court, unlawfully barricading the road using stones, thereby obstructing the free flow of traffic. Bota is separately accused of committing a similar offence along Wabera Street on the same day.
During the plea taking, the defence through lawyer Babu Owino argued that the arrests were carried out in violation of High Court directives governing the policing of demonstrations.
He further submitted that police officers failed to comply with court orders requiring officers deployed during protests to wear full uniform, display their names, avoid covering their faces and ensure police vehicles bear visible number plates. They argued that the arrests were therefore contrary to existing High Court orders.
In his ruling, the magistrate Paul Mutai ruled that the issues raised by the defence largely concerned alleged violations of fundamental rights, and possible disobedience of High Court orders by police officers should be addressed by the High Court.
The court held that parties who believe their constitutional rights have been violated are at liberty to file proceedings before the High Court seeking appropriate remedies, including damages, or move the court that issued the orders to institute contempt proceedings against those alleged to have disobeyed them.
The magistrate further ruled that the question of whether it was the accused persons or the police officers who obstructed the roads is an issue to be determined during the trial and not at the preliminary stage.
The prosecution did not oppose the accused persons being released on bond and did not present any compelling reasons to deny them bail.
The court admitted the accused to a bond of KSh10,000 each, with an alternative cash bail of KSh2,000, and scheduled the matter for mention on July 22, 2026, for pre-trial directions.
