Nairobi — The Azimio la Umoja Coalition has filed a petition with the high court seeking for the release of their nine leaders following their unconstitutional kidnapping and detention by police at an undisclosed location.
In the application filed on Wednesday under a certificate of urgency, Lawyer Danstan Omari, stated that all nine missing people were last seen with police officers, some of whom were not only dressed in their official clothes but also drove GK cars.
He continued by saying that the applicants had been mishandled and taken to unidentified or secret locations.
"Unless this honorable court certifies this matter as urgent and orders the production of the Applicants before this court, the rights of the Applicants which include the right to peacefully demonstrate, to freedom of movement and to associate freely with others to exercise their political rights will continue to be violated," read the court file.
He invited the court to protect the constitutional rights and fundamental freedoms of the Applicants.
Omari added that the respondents (Inspector General, Director of Public Prosecutions and Attorney General) continue unlawfully to detain the Applicants (Azimio leaders arrested) without the authority of the courts and knowledge of their whereabouts being unknown to their loved ones.
'The Court is enjoined by the law to order their release or immediate presentation before the court if at all any offence cognizable in law has been committed by the Applicants," Omari added.
Omari added that the applicants are representatives of the people either at the National Assembly or the County Assembly.
However, with, exception of Maurice Ogeta who is a private bodyguard to Azimio leader Raila and Eric Otieno, Anthony Otysula and Dennis Onyango who are employees of the Nairobi County Assembly.
"Before the unconstitutional, illegal and surreptitious abduction and forceful detention of the Applicants herein, they had every intention of participating in the three-day country-wide demonstrations beginning July 19 that have been called by Raila Odinga," Omari said.
"The protests were called to pressurize the government of the day to lower the cost of living especially following the passing of the Finance Act,2023 despite its operation being stayed by the Constitutional Court, its effects continue to pain Kenyans."
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In a statement, Narc Kenya leader Martha Karua earlier described the action as unconstitutional and malicious.
She stated that the arrests were a desperate attempt by the government to paralyze the Azimio coalition.
"Last night Hon Babu Owino MP Embakasi East was arrested by police and is being held incommunicado. His whereabouts remain unknown," read the statement.
She called out the government for the arrests arguing it is a desperate attempt to sabotage the maandamano.
