A Raila supporter suspected to have shared a video on Social media allegedly asking "Baba' to go to Russia and bring guns has been detained for seven days pending investigations.
Baba is a moniker used to refer to ODM leader Raila Odinga. It is not clear whether he referred to Raila by saying the word 'Baba'.
Milimani senior principal magistrate Martha Nanzushi allowed the police to detain Shadrack Omondi alias Omosh Jakababa for seven days instead of 14 as had prayed pending investigations to incitement and terror-related accusations.
"I have heard the application by the investigating officer to detain the respondent. However, I feel that it would be unfair to detain the suspect for 14 days only to move the court later with an application to have the matter withdrawn for lack of sufficient evidence. I will not grant the 14 days as prayed, I grant seven days", the magistrate ruled.
Omosh is detained at Muthaiga Police Station.
A miscellaneous application filed by Inspector Nickson Kinyua alleged that Omondi is believed to be behind a Tiktok video where he alleged that Baba should go to Russia and procure guns for his supporters to invade the state house.
Kinyua said Omosh was arrested in Kisumu on Monday, July 10, 2023.
According to the DCI, Omosh among other suspects still at large is said to have published through Tiktok a malicious video captioned 'Baba enda Russia utuletee bunduki ".
"We believe that the averred publication went further to state and appear to indicate that once they acquire the purported weapons, they would be able to face off with the law enforcement officers", the officer said.
Further, DCI told the court that the utterances by Omosh involved incitement to take up arms to advance to a protected area (State House) without permission.
In his objection through lawyer Danstan Omari, Omosh stated that DCI has not linked the Tiktok account to him hence it is hot air.
Further, he said that the word 'Baba enda Russia' does not disclose any offence because Russia is not a restricted country hence anybody can access it.
He also told the court the wording 'utuletee bunduki' has a million and one meanings.
"The word utuletee bunduki has a million and one meanings, "bunduki za michezo(sports), bunduki for game hunting, bunduki in the term of toys" is not certain, also Baba simply means father, which Baba? The world has a trillion of farther, whom do you assign that name to, the police should do better than that," Omari said.
Omari submitted that it is absurd that the state is telling the court that Omosh is also being investigated for the offence of terrorism.
He urged the court to ignore the sensational averments by the DCI and released Omosh.
