A Kahawa court has ordered the release of 26 suspects arrested over an alleged syndicate linked to the unlawful issuance of government documents, rejecting an application by the Directorate of Criminal Investigations (DCI) to detain them further.

Delivering his ruling on Thursday, Magistrate Gideon Kiage said the DCI failed to justify why the suspects should remain in custody beyond the six days they had already spent since their arrest on December 5.

Kiage underscored that Kenya’s Constitution upholds the presumption of innocence and the right to bail, noting that the country has moved away from outdated legal practices that allowed detention merely for public order considerations.

“Courts cannot be used to compensate for failures by security agencies to maintain law and order,” the magistrate said, adding that the State must demonstrate that holding suspects without charge is “the least restrictive action available.”

He further stated that the responsibility to safeguard the public lies with law enforcement not through prolonged detention of individuals who are not proven sources of threat.

The DCI had urged the court to extend custody, arguing the suspects could interfere with witnesses and ongoing investigations.

But Magistrate Kiage dismissed the claim, saying police had sufficient time to gather evidence.

The court noted that investigators had already held the suspects for six days, which Kiage deemed adequate to record statements, canvass witness accounts, and secure critical material that could be at risk of interference.

The suspects were subsequently released, marking a notable judicial reminder on the limits of investigative detention and the protection of constitutional rights.

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