The High Court has issued orders blocking police from arresting MPs affiliated with Deputy President Rigathi Gachagua. 

This ruling, issued on September 27, 2024, by Justice Lawrence Mugambi, grants temporary reprieve to the MPs, ensuring their freedom until the petition presented by MP Ngunjiri Wambugu is fully heard and determined.

Justice Mugambi articulated that the order is crucial to prevent any premature actions that might infringe upon the rights of the petitioners. 

“Pending the hearing and determination of this application, this court hereby issues a conservatory order restraining the Respondents from arresting, detaining, confining, prosecuting, or in any other way interfering with the liberty of the Petitioner/ Applicants,” he stated.

The court’s conservatory order explicitly prohibits the Directorate of Criminal Investigations and the Inspector General of Police from taking any actions that would lead to the arrest, detention, or prosecution of these MPs. 

The petition filed by Wambugu, George Theuri, and their colleagues highlights the pressing need for clarity and fairness in the face of allegations that have implications for the MPs’ political careers and reputations.

This ruling arrives amidst escalating tensions related to violent protests that rocked the nation in June, primarily spurred by soaring living costs and a contentious Finance Bill, 2024. The protests saw frustrated citizens vent their anger, culminating in scenes of chaos, including vandalism at Parliament and Chief Justice Martha Koome's offices. 

Tragically, the unrest resulted in fatalities and numerous injuries as police clashed with demonstrators.

The timing of the High Court’s order is crucial, given that the Director of Public Prosecutions (DPP), Renson Ingonga, has already signalled intentions to press charges against Gachagua’s allies. 

The DPP expressed confidence in the sufficiency of evidence to charge several MPs and their aides with conspiracy to commit a felony, as detailed in a communication to the DCI. This move suggests a potential for deepening rifts within the political framework, as government officials weigh their next steps amidst a brewing crisis.

Reports indicate that the suspects, including MP Benjamin Gathiru Mwangi, James Gakuya, and former MP Ngunjiri Wambugu, were implicated in orchestrating and funding the protests. Such allegations not only challenge the legitimacy of their political positions but also paint a troubling picture of the lengths to which some politicians may go to advance their agendas. 

With the police conducting forensic examinations of mobile phones and seeking data from various financial institutions, the web of alleged wrongdoing grows ever more complex.

Gachagua is already staring down the barrel of a potential impeachment as lawmakers rally behind a motion to remove him from office.

Momentum is building within Parliament, with over 116 MPs already signing in support of the motion, positioning the Deputy President on the verge of a political showdown that could redefine the political landscape.