The recent Saba Saba demonstrations across Kenya, a powerful expression of public sentiment, have not only played out on the streets but are now significantly unfolding within the nation's courtrooms. In a stark illustration of the legal ramifications faced by participants, over 100 individuals have been arrested and arraigned in Eldoret and Narok, highlighting the government's dual approach of containing protests and prosecuting those accused of infractions.
On Tuesday, a group of 36 suspects were arraigned at the Eldoret Law Court, facing charges of being in possession of weapons in public, a contravention of section 88 of the penal code. These arrests were made yesterday within the areas of Huruma, Roadblock, and Mail Nne, key hotspots during the Saba Saba demonstrations in Eldoret. The suspects, brought before Eldoret Senior Principal Magistrate Mukabi Kimani, were subsequently released on a Ksh.50,000 bond with one surety of a similar amount, or a Ksh.10,000 cash bail. Their case is slated for mention on July 21, 2025, setting the stage for ongoing legal proceedings.
The scale of arrests in Uasin Gishu County was further detailed by County Police Commander Benjamin Mwanthi. He confirmed the apprehension of a total of 77 suspects during Monday's protests, indicating that an additional 41 individuals were set to be arraigned on Wednesday, July 9. Mwanthi also noted that despite significant running battles between police and groups of youth that extended late into the night, law enforcement managed to contain the situation with "no reports of vandalism," suggesting a focus on maintaining order and preventing property destruction.
Meanwhile, a similar scenario played out in Narok County. A Narok Court freed 24 suspects who had been accused of obstructing traffic during the Saba Saba protests. Appearing before Resident Magistrate George Sagero, these suspects pleaded not guilty to the charges. They were granted a Ksh.5,000 cash bail each or a Ksh.20,000 bond, allowing them temporary freedom as their cases proceed.
These judicial actions underscore the government's firm stance against what it perceives as unlawful conduct during protests. While the right to peaceful assembly is constitutionally guaranteed in Kenya, authorities often invoke laws related to public order, incitement, and possession of weapons to manage demonstrations. The sheer number of arrests across different counties signals a coordinated effort to deter participation in what the state deems as disruptive or illegal gatherings.
For those arrested, the legal process can be daunting. Even for minor charges, the time and financial resources required for court appearances, legal representation, and potential penalties can be a significant burden. The disparity in bail amounts – Ksh.50,000 bond or Ksh.10,000 cash bail in Eldoret for alleged weapon possession, versus Ksh.20,000 bond or Ksh.5,000 cash bail in Narok for obstructing traffic – reflects the varying severity of charges and judicial discretion.
