Court orders release of protesters arrested, abducted by police during demos

The Milimani High Court has ordered the immediate and unconditional release of protesters reportedly arrested and abducted by law enforcement agencies in the wake of the anti-finance bill demonstrations.

This follows a petition filed by John Githiaka, Brian Ngula and 11 others against the National Intelligence Service (NIS) and the National Police Service (NPS) which they accused of orchestrating the abductions.

In his ruling, Justice  E.C. Mwita certified the application as urgent noting it raises serious and urgent issues regarding violations of constitutional rights enshrined in the Bill of Rights.

"It is over 24 hours since the abductions complained of took place, an order is hereby issued directing the respondents, their agents and or servants, to immediately and unconditionally release the 2nd to 13th petitioners, pending the hearing and determination of this application," Mwita ordered.  

He likewise issued conservatory orders barring the NIS and NPS from arresting the aforesaid protestors upon their release and any other Kenyans peacefully partaking in anti-finance bill demonstrations nationwide.

"An Interim Conservatory order is hereby issued restraining the respondents, their agents and or servants from abducting the 2nd to 13th once released, and or any other person who is peacefully protesting and holding them incomunicado, until the determination of the application," Mwita ruled.

"The respondents or their duly authorized representatives do appear in court on 28th June 2024 at 9 am to confirm compliance with court order No.2 above, and for further directions on the hearing of the application and petition," he said.