KU Students Accused of Incitement Appeal Against Remand Ruling

Riots, remand

Seven Kenyatta University students accused of arson will be informed today whether they will take a plea.

Their lawyer applied for a review of a ruling to remand them for five days for police to carry out investigations.

Last November, Kenyatta University was closed indefinitely after a night of unrest, where students burnt the old admission block to protest against newly elected student leaders.

Lawyer Harun Ndubi asked Kiambu principal magistrate Justus Kituku to overturn his ruling and release the suspects unconditionally or with conditions.

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Kituku made the remand ruling on Thursday. The five days will end on Tuesday.

But Ndubi suggested that the suspects could be asked to keep off the campus or provide police with any information they may require.

David Amisi, David Morara, Dominic Orwa, Eric Mutuku, George Nguru, Trevor Agoi and Victor Wafula are being held at Kiambu police station. They were arrested on January 9.

Ndubi said the investigating officer had infringed on the students’ rights by confiscating their phones and taking them to cybercrime unit. This was in contempt of a court ruling that ordered the phones given back to the suspects. The court ruled that taking away the phones infringed on their right to privacy.

Ndubi said since there is no DPP in office, the investigating officer should not have used a lawyer to ask for more time to complete investigations.

But the prosecution told the court that the suspects were a danger to other students and will interfere with investigations if released.

The investigating officer said he was yet to receive reports from the cybercrime unit and the government chemist.

He said he needs to record more statements from key witnesses and the suspects should be remanded to avoid creating more tension and incitement.

He asked the court to direct them to provide their phone passwords and PIN numbers, but the court refused, saying it will infringe on their privacy.



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