Two men arrested over a viral social media post urging Gen Z demonstrators to storm State House have been released by a Nairobi court.
Milimani Chief Magistrate Dolphina Alego rejected a request by the prosecution to detain the suspects for 10 more days pending investigations into allegations of publishing false information, contrary to Section 23 of the Computer Misuse and Cybercrimes Act (2018).
The accused Suleiman Wanjau Bilali and Robert Otiti Elwak were arrested in Muthurwa and Kayole respectively. The Directorate of Criminal Investigations (DCI) linked them to a widely circulated timetable posted from the X account @daguindd (Daguin Dd), which allegedly called on demonstrators to occupy State House.
According to a DCI affidavit, the publication was part of a broader plan to disrupt peaceful Gen Z-led protests, which turned violent on June 25. The police reported property damage, injuries to officers, and several deaths. Investigators claimed the chaos was coordinated and included an attempt to breach State House security, potentially violating the Public Order Act and the Protected Areas Act.
The prosecution sought custodial orders to allow time for forensic analysis of the suspects’ mobile phones, access to their bank and M-Pesa records, and to record witness statements. Lead investigator Sgt. Samuel Itegi argued that releasing the suspects could compromise the investigation and endanger witnesses.
However, Magistrate Alego dismissed the application, citing constitutional protections of liberty and due process.
“The right to liberty and security protects individuals from arbitrary detention and unlawful interference with their physical and mental integrity,” said the magistrate.
She emphasized that arrests must be based on lawful grounds and follow due legal procedures.
The court released the two on a personal bond of Ksh 50,000, with an alternative cash bail of Ksh 20,000. The case will be mentioned on July 8, 2025.
