A Nakuru court on Friday ordered the release of Molo Member of County Assembly Joseph Ngware Ng’ang’a and his personal assistant Simon Munene, who had been arrested in connection with the June 25 protest anniversary, saying the prosecution failed to justify their continued detention.
Senior Principal Magistrate Priscah Nyota granted the two a personal bond of Ksh 50,000 each, with two sureties of a similar amount. In her ruling, the magistrate said there was no compelling evidence to warrant holding the pair any longer, dismissing an application by prosecutors seeking to keep them in custody for an additional 21 days.
Lead investigating officer Corporal Richard Mayaka had argued that the suspects, linked to violent protests in Molo, could interfere with investigations if released. But Nyota ruled the claims were speculative and lacked supporting material.
“The prosecution has not presented sufficient or credible grounds to justify denying the accused their constitutional right to liberty,” she said.
The two were arrested following the funeral of Dennis Njuguna, a student allegedly killed by police during the June 2024 anti-Finance Bill protests. Authorities claim the suspects helped organize demonstrations in Molo on June 25 that led to the destruction of public property, including attempts to vandalize the police station, sub-county offices, and judiciary buildings.
During court proceedings, State Counsel Janet Kisoi cited Article 49(1)(h) of the Constitution, insisting the prosecution was handling a serious case and needed more time to gather evidence. But defense lawyer Peter Okiro pushed back, calling the request “fatally defective,” saying it lacked sworn factual backing and failed to show why a pre-charge detention was necessary.
“The investigating officer has had nine days. If there were any credible risks, they should have been proven, not merely stated,” Okiro told the court, adding that the accused were not flight risks and were ready to comply with any conditions imposed by the court.
Magistrate Nyota agreed, stating that no evidence had been submitted to prove the suspects posed a danger to the public, witnesses, or themselves. She also reminded the prosecution of legal alternatives like the Witness Protection Act if witness interference was a genuine concern.
“Keeping the suspects in custody at this stage would amount to violating their constitutional rights,” she ruled.
The case now proceeds as investigations continue but for now, both Ng’ang’a and Munene are free, pending any formal charges.
