In a fresh development, the Directorate of Criminal Investigations (DCI) on Tuesday, December 31, sought permission from the Chief Magistrate at the Milimani Law Courts to obtain the mobile phones belonging to Busia Senator Okiya Omtatah and other individuals arrested during the demonstrations seen on December 30.
In a petition filed on behalf of DCI by the Office of the Directorate of Public Prosecutions (ODPP), prosecutors stated that they were seeking to obtain the phones to extract messages and pictures shared on social media by Omtatah and his co-accused to assist the DCI in 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 conducting investigations accusing the Busia senator and the 22 others arrested over incitement to violence and disobedience of the law over the protests held in Nairobi and other parts of the country on Monday, December 31.
The demonstrations were held with Kenyans protesting over the recent spate of abductions witnessed in the country where seven individuals have been reportedly abducted over the past week.
On Sunday, activists galvanised Kenyans online to stage protests in attempts to push the government to release Kenyans who mysteriously went missing this December. Many believe more than five people have been abducted including Steve Mbisi from Machakos, Billy Mwangi (Embu), Peter Muteti (Nairobi), Bernard Kavuli (Nairobi), Gideon Kibet alias Kibet Bull (Nairobi) and Rony Kiplang'at (Kiambu).
At the same time, the DCI requested for Omtatah and the other individuals arrested to be detained for a further 14 days to assist them in conducting their investigations.
The investigative body detailed more reasons behind their request for the remanding of the 23 arrested individuals adding that they were also yet to obtain CCTV footage from the nearby Java and Naivas supermarkets in the Nairobi Central Business District (CBD) that would aid in their investigations.
Further, they stated that they were yet to record witness statements that would aid in finalizing their investigations.
The DCI argued that if granted bail and released, Omtatah and his co-accused would disrupt affairs in the country leading to unrest. “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 arrest caused much furore from many Kenyans with many tracking his status in the proceeding hours after he was apprehended. Leaders such as Kalonzo Musyoka and Eugene Wamalwa came out in support of Omtatah during his arraignment in court reprimanding the government over curtailing the rights and freedoms of Kenyans. by , Kenyans.co.ke
