Saba Saba protests disrupt court sessions as two Gachagua allies face terrorism charges

As Kenyans marked Saba Saba Day with countrywide protests and police crackdowns, court operations in Nairobi were brought to a standstill.

Milimani Law Courts, along with Makadara, Kibera, and Kahawa Law Courts, were largely inaccessible on Tuesday morning, forcing the adjournment of most criminal proceedings.

The disruption was caused by heavy police presence and road blockades across major roads leading to the city centre and government precincts, in an effort to contain anti-government protests.

Key access roads, including Waiyaki Way, Thika Superhighway, Uhuru Highway, and Jogoo Road, were sealed off, severely limiting movement to and from the Central Business District.

"We simply could not reach the court," said lawyer James Mbatha, who represents a client due for a mention at Milimani Criminal Court.

"All roads around the CBD were sealed off, and even legal practitioners were turned away. It’s a clear infringement of justice and due process."

The protests, commemorating the 7 July 1990 Saba Saba uprising that ushered in Kenya’s multiparty democracy, were this year fuelled by public anger over police brutality, alleged corruption, and the controversial death of political blogger Albert Ojwang in police custody.

Court staff, prosecutors, defence lawyers, accused persons, and some judicial officers were caught up in the blockade that left dozens of cases pending.

Milimani Law Courts, Nairobi’s primary criminal justice hub, was effectively shut down, with most cases now rescheduled to today, Tuesday, 8 July.

The same fate befell Makadara, Kibera, and Kahawa Law Courts, which remained under minimal operation due to logistical challenges and safety concerns.

With physical access impossible, all court users opted for virtual plea-taking for suspects held in police custody over the weekend to avoid detaining suspects beyond the constitutional 24-hour limit.

"We had to improvise to avoid holding suspects beyond the legal 24-hour limit," said a senior judiciary officer, speaking on condition of anonymity.

One of the most anticipated cases affected by the shutdown involves Peter Kinyanjui alias Kawanjiru and Serah Wanjiku Thiga, both affiliated with the Democracy for the Citizens Party (DCP) and known political allies of former Deputy President Rigathi Gachagua.

Their matter was deferred to this morning due to the court's inaccessibility.

This was after on Tuesday, the Director of Public Prosecutions (DPP), Renson Ingonga, formally approved terrorism-related charges against the two DCP youth leaders.

The charges stem from the 25 June 2025 destruction of public institutions in Kikuyu during the anniversary Gen-Z protests that rocked the country.

Kawanjiru and Thiga are accused under Section 4(1) of the Prevention of Terrorism Act No. 30 of 2012, for their alleged role in orchestrating the torching of multiple government buildings.

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.

The DPP’s charge sheet filed in court 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.

“The suspects engaged in torching various key government buildings, including courts. These were coordinated and destructive acts meant to instil fear and undermine the authority of the state,” the state prosecutor informed Kahawa Law Courts on Monday.

The duo, who had earlier been released on Sh50,000 cash bail, were re-arrested by officers from the Anti-Terrorism Police Unit (ATPU) within court premises on Friday.

The DPP stated that their re-arrest was based on new investigations reclassifying their actions as terrorism-related offences.

Appearing virtually in court from Ruaraka and Capitol Hill Police Stations, Kawanjiru and Thiga...

The plea-taking was postponed after the state said they were unable to present them physically due to heightened security concerns stemming from the ongoing Saba Saba protests across the country.

However, the court ordered that they be presented in physical court this morning.

Senior Principal Magistrate Boaz Maura Ombewa also issued production orders for the suspects to be physically presented today.

"The accused persons cannot take a 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 and over 20 advocates representing the two suspects also expressed to the magistrate that they were unable to appear in court physically due to the government's decision to block all roads within the city.

Kalonzo also cited constitutional concerns, invoking Article 50 on the right to a fair trial.

The Senior Counsel further claimed they will be opposing the DPP's move to recommend terrorism charges against Kawanjiru and Thiga, 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 clients’ plea-taking this morning.

“The defence has not been served with affidavits opposing bail. That is a violation of due process,” Kalonzo told the court.

The defence team further decried the treatment of their clients, claiming they were re-arrested 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 to cross-examine arresting and investigating officers, alleging that their clients were victims of extrajudicial conduct, including violent re-arrest and procedural irregularities within the court premises.

“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 the 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. today, emphasising the need to uphold justice even amid national unrest.

As court operations are expected to resume today, human rights groups have raised concerns about the increasing use of police power to undermine access to legal institutions.

The Law Society of Kenya (LSK) has called for an investigation into the day's disruptions, terming the blockade of courts a violation of both the Constitution and judicial independence.

"Even during emergencies, access to justice must be guaranteed," said LSK President Faith Odhiambo.

"We demand accountability."