Police are seeking 14 days to detain two Nairobi MCAs and four others for allegedly planning to participate in Wednesday's unlawful demonstrations.
The MCAs Redson Onyango and Wilfred Olouch were arraigned before Milimani senior principal magistrate Ben Mark Ekhubi on Thursday together with Eric Otieno, Anthony Otysula, Evans Omondi and Stephen Ochieng.
In a miscellaneous application filed by Inspector John Kariuki, the state seeks Custodial Order to detain the six for 14 days.
Investigating officer has told the court that he is investigating cases of conspiracy to commit an offence and preparation to commit an offence wit unlawful demonstrations and riots.
Other issues under probe are being in possession of a firearm without a valid firearm certificate and organizing public meetings and procession among other related offences.
"The Respondents herein participated in meetings to plan and organize unauthorized demonstrations planned to take place within Nairobi City County and other Counties within the country on the 19, 20 and 21 days of July 2023", the officer said in his affidavit.
He says the six jointly with others not before the Court took part in the commission of the offences.
Kariuki argues that they are in receipt of intelligence information on the suspects' involvement in the commission of the aforementioned offences as demonstrated.
He said Onyango, Oluoch, Otieno and Otsyula were arrested on July 19, 2023, at Kuche Kuche Hotel within Nyayo Stadium within Nairobi City County, escorted and booked in Muthaiga Police Station.
Omondi and Ochieng were arrested at Mama Oliech Restaurant within the Hurlingam area while holding meetings of similar nature to arrange and plan for unauthorized demonstrations.
The officer said in the discharge of his constitutional and legal obligations which include, inter-alia; maintenance of law and order, preservation of peace, protection of life and property, investigation of crimes, deterrence and disruption of crime, it is urgent and necessary and in the best interest of justice to effect the arrest of the persons involved.
He said police received credible information that the suspects and others not before the court are suspects who participated directly or indirectly in the commission of the heinous crimes.
"The respondents herein are influential members of the public, 1st and the 2nd respondent being elected Members of County Assembly, the 3rd and 4th influential employees of the Nairobi City County and are likely to influence the evidence not harnessed at the moment," the court was told.
However, the suspects through their lawyers Sam Nyaberi and Danstan Omari argued that the suspects should be released on personal bond since two are MCAs and others are County officers.
They argued that police are violating the law by arresting people without evidence using the court to grant them more time to investigate cases.
"Your honour the police have already violated the 24-hour rule of producing the suspects in court since it is 28 hours now since they were arrested," Nyaberi told the court.
The MCAs and the four other suspects will be detained until Friday when the court will make its ruling on whether to detain them for 14 days
