By Lucianne Limo
Nairobi, Kenya: Seventeen human rights activists arrested last week during demonstrations at Parliament Buildings have been charged with taking part in a riot, breach of peace and cruelty to animals.
The 17 youths appeared before Chief Magistrate Kiarie Waweru Kiarie and declined to plead to the charges on the basis that the charge sheet was defective and unconstitutional.
The first count stated that they caused breach of peace by pouring gallons of bloody substance at the gate of Parliament and released a pig with several piglets.
They were also accused of taking part in a riot by blocking a section of Harambee Avenue causing fear of terror to motorist.
Freedom of assembly
They faced a third charge of cruelty of animals by confining a pig with several piglets at Parliament, which caused the animal’s unnecessary suffering.
Their lawyer Harun Ndubi asked the court to dismiss the charges, saying it is incompetent and does not disclose the offences.
They also want the court to refer their matter to the constitutional court to determine some of the issues they have been charged with.
Top on the list of some of what they want the High Court to determine touches on freedom of expression, freedom of assembly, right to not being detained without trial, freedom to present a petition and right to be informed of the charges.
The activists accused police of ambushing them with extra charges Monday when they appeared in court, saying they were only aware of one charge.
“The police officer who arrested them ought to have informed them of the charges they were facing. This people have known their offences today (Monday) in court,” Ndubi told the court.
Ndubi told the court that the offences facing his clients are speculative, unclear and incapable of being pleaded to.
“We have 17 people and the charge does not indicate who among them poured the substance outside parliament. The charges must be specific and ought to be clear and not doubtful, ‘he said.
Broke into song
State prosecutor Onesmus Towett told the court that the accused have been jointly charged and the question of who did what will be dealt with during hearing.
The court will rule on Thursday whether the accused will take plea or not. They were released on cash bail of Sh10, 000 and bond of Sh20, 000 with similar surety.
The court was forced to adjourn after the activists broke into song as they were led to the basement cells.
The magistrate tried to order them to keep quiet and one of the activists retorted to him that they were even fighting for the increase of his salary.
