Speaking outside Milimani Law Court in Nairobi on Friday, July 26, 2024, after the case hearing, the vocal MP said the 21-day detention is unconstitutional since the accused persons were arrested during July 25, 2024, anti-government protests adding that there is no clear explanation as to why they are detained.
Babu Owino further said that the police should have investigated the matter before making an arrest.
“They were unlawfully arrested yesterday, the DCI has decided to make a miscellanous application that the five respondents be further detained for 21 days which is unconstitutional because these accused persons were arrested yesterday,” he said.
“Police should never arrest anyone and then investigate him, the police should investigate and then make the arrest this amounts to discourage justice on behalf of the accused persons this alone amounts to fishing expeditions that these people want to be detained unlawfully because there is no clear explanation as to why they should be detained for 21 days.”
The lawmaker added that the accused persons should be granted bail since it is their constitutional right.
“We have serious criminal cases that are always subjected to bail every accused person in this country has a right to bail unless there are compelling reasons there are no serious compelling reasons because when we look at the accused person specifically Boniface Mwangi every person in the republic of Kenya knows were he lives, therefore, is not a flight risk number two he can never interfere with any witness even if there is interference with witnesses there is witness protection they should take care of that.”
The Orange Democratic Movemove (ODM) lawmaker further urged members of the public to stand in solidarity with the detained anti-government protesters adding that the government wants to subject the accused persons to agony by delaying justice.
“I ask members of the public to still come out and fight for the rights of these accused persons,” he said.
“The ingestion of the government is to subject the accused persons to pain and agony they want to antagonize the judicial process by delaying justice.”
