Ndegwa Njiru released after hours in custody as DPP rejects police charges

Lawyer Ndegwa Njiru has been freed after the DPP, Renson Ingonga, declined to approve traffic-related charges against him. [Nancy Gitonga, Standard]

Lawyer Ndegwa Njiru, a close ally of former Deputy President Rigathi Gachagua walked free on Thursday  after the Director of Public Prosecutions (DPP) declined to approve traffic-related charges that had been prepared against him following his arrest by Kasarani traffic police officers.

Njiru had been brought to the Milimani Law Courts after spending more than three hours in the basement holding cells awaiting arraignment over an alleged traffic obstruction incident along Thika Road on Wednesday night.

A few minutes before 1pm Njiru was escorted into court alongside more than 40 other traffic suspects.

As he entered the courtroom, he chanted, "Ruto one term!" before stepping into the dock where he immediately addressed journalists.

Describing himself as "a prisoner of conscience," Njiru claimed his arrest was politically motivated.

"I am a prisoner of conscience because of my convictions. How can a stalled motor vehicle, which is incapable of self-propulsion, be said to have obstructed traffic? When I was arrested, I was not even the one driving the vehicle," he said.

He questioned the legality of his arrest, saying Kenyans should not live in fear.

"We cannot live like prisoners in our own country. We are not going to overcome our fears by surrendering to them, and we are not going to be held hostage by our fear. Mr William Ruto must go home in 2027," Njiru declared.

Moments later, the police officer who had escorted him to court informed him and his lawyers that he had received instructions from the Office of the Director of Public Prosecutions that Njiru would not be charged.

The announcement surprised both Njiru and his legal team, who initially hesitated to leave the dock, demanding an explanation for why he had been detained for hours only for the charges to be dropped.

Shortly afterwards, the officer removed Njiru's handcuffs and released him.

He walked out of court accompanied by a battery of lawyers led by former Law Society of Kenya President Nelson Havi.

Speaking outside the Milimani Law Courts, Havi condemned the arrest, describing it as an abuse of power and a violation of constitutional rights.

"Lawyer Njiru was arrested while his vehicle broke down. You are in traffic for four hours, the car broke down, and then the police realised it was Lawyer Njiru in the car, who has always been calling for accountability and integrity, and they decided to apprehend him," Havi said.

He accused police of deliberately preparing charges despite knowing the circumstances surrounding the incident.

"Despite that clarity that the car had broken down, the police had the audacity of drafting a charge sheet and arraigning him after detaining him for over three hours in the expectation that a magistrate would be available and the DPP would approve the charges."

Havi argued that without the presence of dozens of advocates who turned up at court, Njiru would likely have been prosecuted.

"I am sure were it not for all these lawyers, including Lempaa Suyianka and Kibe Mungai, they would have charged him."

The former LSK president said the incident reflected growing intimidation against lawyers who defend constitutional rights and hold public officials accountable.

"To the extent that they have the audacity to do this to a lawyer, not just any other person, it tells you what happens to ordinary Kenyans when an advocate is arrested," he said

He added that the country was already mourning two advocates under troubling circumstances and warned against what he termed increasing attacks on members of the legal profession.

"Lawyers are being targeted because they are at the forefront of advocating for good governance and defending the rights of Kenyans."

While welcoming the DPP's decision to reject the charges, Havi maintained that the alleged violations committed during Njiru's arrest and detention would not go unchallenged.

"The DPP has rightly declined to approve those charges, but illegalities have occurred through the violation of his rights and freedoms, and those violations will be pursued. The officer behind these actions,we are coming for you personally, and the government will not pay for this violation."