
The Kahawa court on Wednesday offered each of the DCP Youth officials bond terms of Ksh200,000 with a surety of the same amount. Alternatively, they could secure their freedom by paying a cash bail of Ksh50,000 and providing one contact person.
Magistrate Gideon Kiage ruled that there was no sufficient or reasonable cause to detain the two for further time, along with other protesters who were also arraigned.
The Magistrate observed that even though Wanjiku Thiga and Peter Kinyanjui had been arraigned under the Prevention of Terrorism Act, seriousness of the offence would not supplant their constitutional right of presumption of innocence until proven guilty.
He contended that the court was not convinced that the mere charging of serious crimes necessitated bail denial.
“In the present case, the accused persons have been charged with an offence under the Prevention of Terrorism Act. That mere fact, however, in the absence of any other ground in support thereto, does not and cannot suffice to upset the presumption of innocence as guaranteed under the Constitution,” Magistrate Kiage ruled.
He added that accepting such reasoning would set a dangerous precedent.
“To hold otherwise would be tantamount to affirming that all that is needed for the denial of bail is for the prosecution to present serious-sounding charges with stiff penalties.”
Magistrate Kiage noted that investigators had enough time between 13 and 22 days depending on when the accused were arrested to confirm their identities and run necessary background checks.
He criticized the use of testimony by the prosecution from unidentified witnesses, stating that the court could not give merit to untested accusations by unknown people.
“This is an invitation which the court must politely turn down,” he remarked.
Wanjiku Thiga and Peter Kinyanjui had previously been released on bail by the Kiambu and Ruiru courts after being charged with crimes under illegal assembly and rioting during the June 25, 2025 protests.
Their legal trouble, however, did not end there since the authorities rearrested them shortly after their release. They were taken before the Kahawa court and charged with fresh offenses under the Prevention of Terrorism Act, a move that their lawyers blasted aggressively as judicial harassment and blatant abuse of court procedures.