Kitui Deputy Speaker Christopher Nzilu on Wednesday led a team of defence lawyers in fiercely opposing an application by police to detain 26 suspects arrested during Monday’s fuel protest demonstrations in Kitui County for 14 more days pending investigations.
Nzilu appeared alongside Senior Counsel Mwalimu, lawyers Morris Kimuli and Katia Muinde before Chief Magistrate Ong’utu in a heated court session marked by sharp exchanges between the prosecution and defence.
The suspects were arrested in Kwagindu and Kitui Township during protests organized by members of the Matatu Owners Association over the rising fuel prices in the country.
The prosecution accused the suspects of 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.
Police told the court that the suspects possessed crucial information needed to aid ongoing investigations, including identification of persons captured in photographs during the protests, recording statements, valuation of damaged property and conducting identification parades.
Investigators further argued that releasing the suspects on bail would interfere with investigations and render the process useless.
However, the defence team mounted a strong opposition to the application, accusing the prosecution of using the criminal justice system to intimidate and persecute innocent residents.
“There is a hidden motive — instead of prosecuting, they are persecuting,” Nzilu submitted before the court.
The Kitui Deputy Speaker urged the magistrate to protect constitutional rights, arguing that Article 49(1)(d) shields arrested persons from being compelled to provide self-incriminating information.
Nzilu described the suspects as law-abiding citizens and appealed for their release on reasonable bail terms.
Senior Counsel Mwalimu and lawyer Morris Kimuli also questioned the credibility of the prosecution’s case, challenging inconsistencies in police records and the failure by investigators to clearly explain where some of the suspects were arrested.
Kimuli dismissed the prosecution’s application as baseless.
“This application is hot air and ought to be rejected and dismissed, with the suspects released on reasonable bail terms,” he argued.
The defence further maintained that the prosecution had failed to present sufficient prima facie evidence directly linking the suspects jointly or individually to the offences listed before court.
The court heard that age assessments ordered for two suspects on May 19 had confirmed one was found to be a minor and another adult.
Chief Magistrate Ong’utu directed that the suspects be held at Kitui Central Police Station and not Kitui GK Prison pending a ruling on the prosecution’s application.
The ruling is expected on Friday, May 22.
