DPP approves terrorism charges against Gachagua allies over Kikuyu protest violence

Director of Public Prosecution Renson Mulele Ingonga, delivering his speech on 2nd November 2023 at Sarova Stanley Hotel in Nairobi, during International Day to End Impunity for crimes against Journalists. [Edward Kiplimo, Standard] The Director of Public Prosecutions (DPP), Renson Ingonga, has formally approved terrorism-related charges against two close allies of former Deputy President Rigathi Gachagua. Peter Kinyanjui Wanjiru, widely known as "Kawanjiru," and Serah Wanjiku Thiga are set to appear before the Kahawa Law Courts tomorrow, Tuesday, 8 July 2025, at 9:00 a.m. to face charges of committing a terrorist act under Section 4(1) of the Prevention of Terrorism Act No. 30 of 2012. The charges stem from a wave of destruction that rocked several government facilities in Kikuyu on 25 June 2025 during the Gen Z protest that rocked the country. The DPP's charge sheet alleges that between 12:00 p.m. and 11:00 p.m. on that day, Wanjiru and Thiga, alongside unidentified accomplices, engaged in acts that led to the extensive destruction of multiple government institutions. These include the Kikuyu Law Courts, Sub-County Education and Accountant's Offices, Kikuyu Chief's Office, Registrar of Persons, Registrar of Lands, Dagoretti Police Post, and the office of the Kikuyu Deputy County Commissioner, among others. "These were coordinated and destructive acts meant to instil fear and undermine the authority of the state," the state prosecutor informed Kahawa Law Courts Monday. Initially scheduled for today, the plea-taking was postponed due to heightened security concerns stemming from the ongoing Saba Saba protests across the country. The two suspects were arraigned virtually; however, the court ordered they be presented in physical court tomorrow morning. Senior Principal Magistrate Boaz Maura Ombewa has now issued production orders for the suspects to be physically presented tomorrow. "The accused persons cannot take plea today. We urge that they do so tomorrow when calm has returned," pleaded Senior Counsel Kalonzo Musyoka, who is leading the defence team alongside advocates Andrew Muge and Mwaura Kabata. Kalonzo also cited constitutional concerns, invoking Article 50 on the right to a fair trial. "The defence has not been served with the affidavits for opposing bail. That is a violation of due process," Kalonzo said. The Senior Counsel further claimed they will be opposing the DPP's request to recommend terrorism charges against their clients, claiming it is illegal and unlawful. Kalonzo hinted to the court that the charges against Kawanjiru and Thiga are defective and will vehemently oppose their plea-taking tomorrow morning. The defence team further decried the treatment of their clients, claiming they were rearrested shortly after being granted bail at Ruiru and Kiambu Law Courts and have since been held without proper access to legal counsel. "Our clients are being prejudiced by the continued detention and high-handedness by the State," said advocate Ndegwa Njiru. "We have not been given access to them at Ruaraka and Capitol Hill Police Stations." Njiru added that the defence will also be seeking tomorrow to cross-examine arresting officers, alleging that their clients were victims of extrajudicial conduct, including violent re-arrest and procedural irregularities. "We seek to cross-examine the officers involved in these heinous acts, including the alleged shooting incidents during the re-arrests," said Njiru. According to court submissions, Kawanjiru is being held at Ruaraka Police Station, while Thiga is detained at Capitol Hill Police Station. Mwaura Kabata, representing the Law Society of Kenya (LSK), supported the defence's plea to defer the proceedings to allow an open court session. "We stand with the defence. The suspects were initially arrested and granted bail, only to be re-arrested within minutes. That undermines the rule of law," Kabata said. Responding to the defence's claims, the prosecution refuted any misconduct, saying that both suspects are being held lawfully and are not incommunicado. "The Constitution under Article 157(11) mandates the DPP to ensure the administration of justice without fear or favour," the state prosecutor told the court. "We concede to the request for the plea-taking to be done tomorrow to allow the defence to prepare and to ventilate their concerns on the legality of the charges against the suspects." He further clarified that the re-arrests were necessitated by new investigations opened by the ATPU, which reclassified the suspects' earlier offences as terrorism-related. "The accused persons were previously presented in different matters. Once the ATPU took over, it became a new investigation focusing on terrorism. So their continued detention is not unlawful," he explained. Further, the DPP revealed that he has opened three files against Kawanjiru, Thiga, and 35 others over the destruction of property that happened within Kikuyu environs. Senior Counsel Kalonzo urged the court to consolidate the cases, proposing that all files be presented before Senior Principal Magistrate Gideon Oega, who handled the two other cases relating to 35 other suspects whose matters were also postponed for plea-taking to tomorrow morning. "For good order, we suggest that all related files be consolidated under one court," Musyoka said. "There is already a miscarriage of justice, and even the Judicial Service Commission over the weekend has taken note and issued a statement regarding the state's action in this case." Magistrate Ombewa, while ruling on the matter, emphasised the need for fairness and transparency in the judicial process. "I hereby issue a production order to have the accused persons physically presented in court for plea-taking tomorrow before the Kahawa Law Courts," Ombewa ruled. "The defence must be granted unconditional access to the suspects to take instructions." The court acknowledged the volatile security situation and agreed that postponing the plea was in the interest of justice. The magistrate also instructed the prosecution to serve all affidavits opposing bail to the defence by 9:00 a.m. tomorrow.

DPP approves terrorism charges against Gachagua allies over Kikuyu protest violence

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