State charges 12 over fuel protest obstruction

Protesters arrested by plainclothes officers at National Archives over rising fuel costs. [Kanyiri Wahito, Standard]

The persons who were arrested on Tuesday in relation to alleged protests over the fuel hike were yesterday charged with obstruction.

The 10 who were charged before Nairobi City Court magistrate Rhoda Yator denied blocking pedestrians and road users by allegedly gathering in crowds.

“On the 21st Day of April, 2026, Archives area, along Moi Avenue in Nairobi Central Business District, within Nairobi City County, willfully obstructed the free passage of a public street by gathering in crowds, thereby causing inconvenience to pedestrians and road users,” the charge read in part.

The Director of Public Prosecution (DPP had approved charges against 12 persons. However, the Law Society of Kenya (LSK) notified the court that two of them were underage children.

Lawyer Ian Mutiso urged the court to order that the two be separated from the rest as their families bring birth certificates to ascertain their age.

Those in court were  Julias Kamau Kimani, Elisha Ochieng, Collins Otieno Ochieng, Emmanuel Yegon, Dickson Mworia, Brian Mwenda, E.W., and W.M., Alphones Opiyo, Michael Ngige, Emmanuel Muchui and Joshua Okayo.

In a session that started with dramatic chants and songs inside the courtroom, the accused person first disrupted the hearing of other cases that were ongoing.

Protesters arrested by plainclothes officers at National Archives over rising fuel costs. [Kanyiri Wahito, Standard]

The magistrate opted to retreat to the chambers before calm was restored.

“Please advise your clients that they will be heard, even when they are quiet. Let us respect courts,” Yator told Mutiso.

After they denied the single charge, Mutiso told the court that it was defective as there was no complainant.

In addition, he said, the inclusion of minors in the charge sheet as adults also made it fatal.

“The charge sheet has defects, as there were two minors. There is no complainant; the DPP cannot be the complainant in the case. The accused persons should be released on free bond as the case is a misdemeanour,” argued Mutiso.

In reply, the prosecution argued that in a criminal case, the State is the complainant, while the DPP is the representative in court. At the same time, the DPP insisted that the inclusion of minors in such a case was not itself illegal.

The prosecution also urged the court to instead order the 10 be released on cash bail or bond.

The magistrate ordered that each pay Sh3000 cash bail to secure their freedom. For the minors, she directed that the Officer Commanding Station at Central Police Station should escort the two to a hospital for age assessment for the court to determine what to do.

The case will be mentioned in July this year.