Court frees eight suspects linked to Kisumu ACK church violence

Suspects linked to the violence that erupted at St Stephen's ACK Cathedral in Kisumu appeared before Kisumu Law Courts on July 27, 2026. [Rodgers Otiso, Standard]

Eight suspects linked to the violence that erupted at St Stephen’s ACK Cathedral in Kisumu have been released after the court ruled that there was no basis to continue holding them.

Their lawyers accused the state of misusing the criminal justice system and demanded that police pursue the real perpetrators behind the chaos that rocked the church on July 12, 2026.

Senior Resident Magistrate Vallary Adhiambo ordered that the suspects be released immediately and closed the case after the prosecution confirmed that investigations had been completed.

The decision followed submissions from the defence team led by Siaya Governor James Orengo, Embakasi East MP Babu Owino and former Law Society of Kenya (LSK) President Faith Odhiambo, who argued that the suspects had been unlawfully detained without sufficient evidence linking them to the violence.

The eight had been arrested following the confrontation at St Stephen’s ACK Cathedral on July 12, 2026, where members of the Linda Mwananchi movement had gathered for a church service.

The incident occurred during a special Kenya Anglican Men Association (KAMA) service organised to honour male members of the church before violence broke out outside the cathedral.

Rival groups clashed leaving two people dead, scores injured and property destroyed, including motorcycles that were set on fire.

Siaya Governor James Orengo address the media outside Kisumu Law Courts after eight suspects linked to the violence that erupted at St Stephen's ACK Cathedral were released on July 27, 2026. [Rodgers Otiso, Standard]

Speaking outside Kisumu Law Courts after the ruling, Orengo said the release of the suspects was a victory for justice, insisting that the eight had been arrested without justification.

“And we had awesome lawyers. I want today to thank the court for giving an order whose effect was the release of these innocent Kenyans, eight of them. They were arrested for no good reason,” he said.

The governor accused police of relying on political symbolism displayed on clothing rather than evidence when arresting some of the suspects.

He cited one suspect who was arrested while heading to the hospital to visit his wife because he was wearing a T-shirt branded “Warembo na Orengo”.

“The scene that he committed was wearing that T-shirt, Warembo na Orengo,” Orengo said.

He said that another suspect was wearing a Raila Amolo Odinga T-shirt while another had a T-shirt written “Mimi ndio Sifuna.”

The governor called on security agencies to arrest and prosecute those responsible for the violence at the church instead of targeting innocent people.

“We will not rest until they become accountable for the violence that was committed to the congregants of the church on the 12th of this month,” he said.

“We want to further demand that the Inspector General and the PS in charge of Interior explain how these things are happening under their watch,” Orengo added.

He further defended opposition activities, saying political rallies organised by their supporters across the country had been peaceful.

Orengo accused the government of allowing arbitrary arrests and extrajudicial killings to happen under its watch, saying those in leadership must take responsibility.

Inside the courtroom, the defence team challenged the state’s request to continue holding the suspects, arguing that the prosecution had failed to present evidence to justify their detention.

Ms Odhiambo told the court that the suspects had spent more than two weeks in custody despite investigators failing to present evidence of progress, including identification parades and DNA analysis that had been cited as reasons for seeking more time.

“Today has been a better morning because we have ensured that the court has been able to release these innocent Kenyans who were arrested,” she said.

The former LSK president argued that some of the suspects were arrested while attending church or conducting their normal activities and were only linked to the violence because of what they were wearing.

“Some were in church, some were doing their other daily business but because they were identified by the kind of clothes they wore, they ended up being arrested and bandwagoned as alleged criminals,” she said.

Odhiambo warned against using courts to frustrate citizens, saying the criminal justice system should protect the rights of Kenyans.

“We have seen Cabinet Secretaries and other higher individuals being charged for contempt of court and then come with all laxity to court, issue a few words of apology and they are released. This is the same court. Courts must treat everyone equally before the law,” Odhiambo said.

Babu Owino also accused the prosecution of failing to provide evidence to support continued detention of the suspects.

He told the court that the state had requested additional time to conduct investigations but failed to demonstrate that key processes had been completed.

“One of the reasons you were told the accused persons were to be detained for a further period was that an identification parade was to be conducted. Up to today, an identification parade has not been conducted,” Owino said.

The MP argued that holding suspects without charges violated their constitutional right to liberty and fair hearing.

“Jail time starts with one day. One second. One minute is so much time if a person spends it in jail or a police cell. That amounts to detention without trial,” he said.

Lawyer Samuel Nyauke praised the magistrate for demonstrating independence and encouraged young people involved in social justice movements not to be discouraged.

In her ruling, Magistrate Vallary Adhiambo said the court had considered submissions from both the prosecution and defence before arriving at the decision.

She noted that the suspects had initially been detained to allow police to complete investigations but the prosecution later confirmed that the investigations were complete.

“The prosecution have confirmed investigations are complete and wait for this case to be closed. This was not opposed and in such I will proceed to make an order closing the miscellaneous file hearing,” she said.

The magistrate subsequently ordered the immediate release of the eight suspects and closed the matter.

“The respondents are to be released immediately and the case has been closed,” she ruled.