Court sets deadline in terror case against MP, journalist and rider
Courts
By
Kamau Muthoni
| Aug 27, 2025
The Director of Public Prosecution and Directorate of Criminal Investigations have been given the last chance to decide the fate of terrorism probe against Manyatta MP Gitonga Mukunji, Inooro Radio journalist James Mbochi, and boda boda rider Stanley Mbuthi.
On Tuesday, the DPP urged the court to allow investigators 14 more days, saying they were at an advanced stage.
In a court battle where Mukunji, Mbochi and Mbuthi urged Kahawa Magistrate Richard Koech to dismiss the application and discharge them. “The investigations are at an advanced stage. I kindly request that you give us one more chance with a mention in two weeks’ time. I will personally follow the issue,” said state prosecutor James Machira.
On the other hand, Mukunji, an ally of former Deputy President Rigathi Gachagua, Mbochi and Mbuthi argued that the State would not suffer if, among other things, their vehicle was released.
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After hearing rival submissions, Kahawa Magistrate Richard Koech ruled that on September 6, 2026, the DPP should have an answer. “We will further mention the case on September 6, 2025. This is marked as the last mention when the prosecution is expected to update the court on the progress of investigations and the issue of release of items confiscated from the respondents,” ruled Koech.
The trio are under probe for alleged terrorism-related activities, including suspected recruitment of goons and financing of violent groups during the July Saba Saba protests.
The trio were arrested at Toll area in Juja aboard a black Range Rover with no number plates, a deliberate act, the DCI says was designed to conceal their identities and movement in connection to coordinated criminal activities,” in violation of Section 12 of the Traffic Act.
However, at the High Court, their lawyer, Patrick Kung’u, argued that they were illegally detained and presented before Kawaha Law Courts with trumped-up charges. He said the arrests and presentation to Kahawa are a deliberate misapplication of POTA. He stated that the particulars of the charges have no connection to terrorism. “This sudden weaponisation of a specialised Act of Parliament to charge protesters or persons perceived to be anti-government has sparked nationwide anger against the misuse of the said specialised Act that is meant to charge actual terrorists,” argued Kung’u.
He stated that DPP, IG, and the DCI had violated his clients’ rights to liberty, dignity, expression, and a fair trial. He asserted that the trio have misused anti-terror legislation against protesters, politicians, and journalists.
He regretted that terrorism is a scourge that has haunted Kenya with the 1998 Bombing of the US Embassy orchestrated by the Al Qaeda being the most significant single terrorist attack.
He also cited the 2002 Kikambala bombing, Westgate Mall Attack, the Garissa University College attack and the Dusit Hotel attack, among others.