Police at the Central Police Station are seeking to detain activist Boniface Mwangi and four other people arrested during a march in Nairobi on Thursday, July 25, 2024.
In the court papers seen by K24 Digital, police will be seeking the authority of the judiciary to grant them powers to detain the five individuals to allow for investigations.
Mwangi is accused of false publication contrary to section 22(1) of the Computer Misuse and Cyber Crime Act, creating a disturbance in a manner likely to cause a breach of the peace contrary to section 95(1)(b) of the Penal Code and taking part in an unlawful assembly contrary to section 78(1) and 79 of the Penal code.
“On 25th July 2024 around 1130hrs or thereabout at Nairobi Central Business District, along Koinange street the respondents with others caused a breach of peace and inconvenienced other road users by blocking the road by placing one white coffin and seven white crosses with names inscribed on them,” an affidavit by the investigations officer read in part.
Police also say Mwangi, together with his co-accused were distributing t-shirts branded with ‘inciting words’ during their protest along Koinange Street.
The other arrested people are Robert Otieno, Albert Wambugu, Pablo Chacha and Erot Franco.
“The respondents through various social media platforms had posted allegations that the government was out to kill its citizens which words were deemed and construed that the government was perpetrating extrajudicial killings; posts which incited members of the public, causing a breach of peace,” police added.
Source of coffins, crosses
Police say investigations are ongoing with a view of establishing the motive for carrying the assorted items that they were arrested with.
Also, the detectives noted that they confiscated the accused persons’ mobile phones and are in the process of conducting a cyber forensic analysis on them.
Additionally, police said that they were investigating where the white coffin and the white crosses were sourced from as well as establishing their financier(s).
The officers are asking the court to allow them to detain the respondents, saying that their places of residence are unascertained and that their release could potentially hamper investigations.
“In light of the foregoing, I pray this Honourable Court to issue custodial orders authorizing the holding of the Respondents in the Applicant’s custody for twenty-one (21) days to enable the Applicant to conclude its investigations,” the affidavit read.
The case will be determined today, July 26, 2024.