In a new development, the Directorate of Criminal Investigations (DCI) requested permission from the Chief Magistrate of the Milimani Law Courts on Tuesday, December 31, to seize the mobile phones of Busia Senator Okiya Omtatah and other individuals arrested during the December 30 demonstrations.
Prosecutors indicated in a petition filed on behalf of DCI by the Office of the Directorate of Public Prosecutions (ODPP) that they wanted to obtain the phones in order to extract messages and photographs uploaded on social media by Omtatah and his co-accused to help the DCI with their investigations.
“The mobile phones of the suspects need to be taken to the Communication Authority of Kenya to extract WhatsApp, Facebook, and X messages and photographs taken that inciting members of the public against the state,” the petition read in part.
The DCI is investigating the Busia senator and the 22 people arrested for inciting violence and disobeying the law during the rallies in Nairobi and other areas of the country on Monday, December 31.
Kenyans marched in protest of the current spate of abductions in the country, where seven people were reportedly kidnapped in the last week.
On Sunday, campaigners rallied Kenyans online to hold rallies in an attempt to pressure the government to return Kenyans who suddenly went missing in December.
Many believe that more than five persons have been kidnapped, including Steve Mbisi from Machakos, Billy Mwangi (Embu), Peter Muteti (Nairobi), Bernard Kavuli (Nairobi), Gideon Kibet aka Kibet Bull (Nairobi), and Rony Kiplang’at (Kiambu).
At the same time, the DCI requested that Omtatah and the other arrested individuals be detained for an additional 14 days to allow them to perform their investigations.
The investigating agency provided further reasons for its request for the remand of the 23 arrested people.
They also stated that they had yet to get CCTV footage from the neighboring Java and Naivas supermarkets in Nairobi’s Central Business District (CBD), which would enhance their investigations.
Furthermore, they indicated that they had failed to record witness testimony that would help them complete their investigations.
The DCI contended that if Omtatah and his co-accused were granted bail and released, they would disrupt national affairs, causing instability.
“The respondents, if released, may continue to disrupt peace and tranquility within the country,” the DCI stated.
“The respondents are a threat to peace and stability of the country as they continuously incite members of the public via social media platforms, if released therefore they will cause disharmony in the country,” they added.
Omtatah’s detention sparked widespread outrage among Kenyans, with many keeping track of his whereabouts in the hours following his arrest.
During Omtatah’s arraignment in court, leaders such as Kalonzo Musyoka and Eugene Wamalwa spoke out in support of him, criticizing the government for restricting Kenyans’ rights and freedoms.
