A Nairobi court has released Suleiman Wanjau Bilali and Robert Otiti Elwak on bond after they were accused of inciting a viral post said to have invited protesters to attack State House during the June 25 anti-government demonstrations.
Suleiman Wanjau Bilali and Robert Otiti Elwak were arrested in Muthurwa and Kayole respectively and detained in police custody for 10 days following accusations that they spread hateful and misleading content.
But on Tuesday, Milimani Senior Principal Magistrate Dolphina Alego directed that the investigators had taken adequate time and consequently closed the case file.
In arriving at her decision, Magistrate Alego referred to a previous decision by Judge Kimaru in a similar case. She reiterated the court’s responsibility to balance the rights of suspects against the need for public safety and thorough investigations.
The magistrate also echoed Judge Kimaru’s caution regarding the constitutionality of detaining suspects without charge, citing that the law limits how long and under what circumstances authorities may detain a person.
“Specifically, the judge stated that prolonged detention without a charge is unconstitutional and stressed the need for suspects to be informed of their rights and the reasons for their arrest,”she said.
Court Criticizes Detention Without Charges
Judge Kimaru strongly questioned the legality of holding suspects without formally charging them, condemning the practice as unconstitutional, particularly when it becomes routine under Kenyan law. He condemned the culture of arresting one and then attempting to extend detention without charging them with anything.
The Judge also underscored the necessity of safeguarding the rights of accused individuals, including the right to remain silent, the right to a lawyer, and the right to be informed of the offense with which they have been charged.
Although he acknowledged the needs of the state in investigations, Judge Kimaru was categorical that they should never overshadow constitutional protections.
Earlier, DCI attaché Sergeant Samuel Itegi told the court that the inciteful post went viral during pre-June 25 protest days. He explained that the posting originated from an account that operated under the name @daguindd (Daguin Dd) on X (formerly Twitter) and had gained huge momentum online.
Before getting widespread coverage on social media, the authorities suspected Suleiman Wanjau Bilali and Robert Otiti Elwak to be part of a group that intended to infiltrate a peaceful protest that was being organized by young Kenyans under the Gen Z movement.
The Directorate of Criminal Investigations (DCI) accused the suspects of intending to hijack the demonstration for the aim of mobilizing illegal activities such as looting shops, battering innocent citizens, and spreading political ideologies that were bound to undermine national security and stability.
The two, according to DCI, also posted a digital protest plan telling protesters to proceed to State House, which the government labeled an illegal call to action. The agency argued that this violated Section 23 of the Computer Misuse and Cybercrimes Act, which prohibits publication of false or misleading data.
The DCI also told the court that on 20 June, 2025, they had intelligence about a viral schedule that was going round on social media. It had been claimed to have inflammatory and provocative language inciting Kenyans to attend a protest on the 25th of June aimed at illegally invading and occupying the State House.
