Twenty-six suspects arrested during Monday’s Matatu Owners Association protest against the rising fuel prices in Kitui County appeared before Chief Magistrate Ong’utu as the prosecution sought orders to detain them for 14 days pending investigations.
The court directed that the suspects be held at Kitui Central Police Station and not at Kitui GK Prison, with a ruling on the application set for Friday, May 22.
According to the prosecution, the suspects were arrested on May 18, 2026, in Kwagindu and Kitui Township while allegedly participating in an unlawful gathering that turned chaotic, leading to damage of police vehicles whose value is yet to be established.
The suspects are facing several allegations including unlawful assembly contrary to Sections 79 and 36 of the Penal Code, malicious damage to property contrary to Section 339 of the Penal Code, damaging buildings contrary to Section 86 of the Penal Code, and committing an indecent act contrary to Section 11A of the Sexual Offences Act.
The prosecution told the court that the respondents possess crucial information that could assist with ongoing investigations, including statement recording, valuation of damaged property, identification of suspects captured in photographs during the protests, and conducting identification parades.
Investigators argued that releasing the suspects on cash bail at this stage would interfere with investigations and render the probe useless.
The matter also revealed that age assessment had earlier been conducted on two suspects after the court ordered the exercise on May 19, with the assessment reportedly confirming they were adults.
Defence lawyers led by Morris Kimuli, Senior Counsel Japeth Mwalimu, Katia Muinde, and Nzilu Nzioka strongly opposed the application for custodial orders, questioning why investigators were seeking more time despite the suspects already being in custody for two days.
Lawyer Morris Kimuli argued that once an investigating officer swears an affidavit, it becomes evidence before court, leading to heated exchanges over claims regarding the damaged police vehicle and the alleged offences.
Kimuli further challenged the prosecution over inconsistencies in the Occurrence Book entries and questioned whether the 27 suspects had actually acted as a group in the alleged unlawful assembly.
The defence also pointed out that the investigating officer allegedly failed to clearly state where some of the suspects were arrested.
Kyangwithya East MCA and Kitui Central MP aspirant Christopher Nzilu, who addressed the court in support of the suspects, described them as law-abiding citizens and urged the magistrate to release them on reasonable bond terms.
Nzilu argued that compelling the suspects to provide information violated Article 49(1)(d) of the Constitution, which protects arrested persons from being forced to give self-incriminating information.
“There is a hidden motive instead of prosecuting to persecute,” Nzilu submitted before court.
The defence maintained that the prosecution had failed to present sufficient prima facie evidence directly linking the suspects jointly or individually to the alleged offences.
Kimuli told the court that prison facilities were not meant for suspects who had not yet taken plea and insisted the application for extended detention was “hot air” that should be dismissed.
“I have talked to them and they have told me they are innocent as Caesar’s wife,” Kimuli submitted as he concluded his arguments seeking the release of the suspects on reasonable bail terms.
