Serial activist Julius Kamau and five others have beaten police when they faulted a charge of disturbing free flow of motorists along Aga Khan Walk in Nairobi.
Quashing the defective charge, magistrate Carolyne Mugo quashed the charge saying no vehicles move along Aga Khan Walk, but only pedestrians.
The activists shamed police for framing them in the wrong way.
They were arrested while they were engaged in the collection of one million signatures (1-million) to change the Constitution.
They were very lucky on Tuesday (September 8, 2026) to be freed from custody after the quashing of the charge filed against them by the Director of Public Prosecutions (DPP).
As the six were joyously exiting the Milimani Law Court precincts chanting anti-government slogans, their eight comrades among them Comedian Erick Omondi, were charged and remanded in court cells until they paid cash bails of KES 2,000 each.
The 14 who were arrested by regular police on September 7, 2026, for obstructing free movement of traffic along Aga Khan Walk and Moi Avenue, put up a spirited fight against their prosecution through lawyers Willis Otieno and Danstan Omari saying “they committed no wrong as they were discharging a constitutional obligation.”
Mr Otieno and Mr Omari lost their legal argument to the firm stand by a prosecuting counsel Ms Irene Magolo who said “the conduct of Erick and others were criminal in nature and that they should be prosecuted as their humble evidence to support the indictement.”
Urging the trial magistrate Carolyne Mugo to tilt the wheels of justice in favour of Erick and seven others, Mr Otieno said the Constitution requires one agitating to change to collect one million signatures so that proper forum can be formed to commence the process of changing the Constitution.
“Erick Otieno and co-accused were performing a constitutional function and their actions should not be criminalised. Discharge them and quash the charge,” Mr Otieno pleaded.
Mr Omari said Kenyans are agonising due to the heavy burdens passed to them and they need to be liberated through changing the Constitution.
“What wrong did Erick Otieno and his co-activists commit?” Mr Omari wondered.
In a brief rejoinder, Ms Magolo submitted the charge has demonstrated an offence and asked the magistrate to allow the case to proceed to the next level.
“Let the defense challenge our evidence. Today is a plea day and no testimony is being led. Dismiss their application and allow the case to proceed,” Ms Magolo urged.
Mr Omari urged the court to give Erick Omondi free bond saying he has several cases pending in court and “he is not a flight risk.”
He equally urged the magistrate to extend the same to Erick's co-accussed by granting them free bond.
In a brief ruling Ms Mugo released Erick on free bond saying he has been turning up for his trials in other cases.
However, she declined to free Cyprian Ateka, Alex Ngungu, John Ndung’u, Kelvin Mwasya, Josiah Ogutu, Wilson Ouma and Oliver Odhiambo on free bond but ordered them to deposit a cash bail of KES 2,000 since it was their first time to be arraigned and their honesty to court terms remains unknown.
In the Julius Kamau group, Mr Omari won his argument that “only pedestrians walk through the Aga Khan Walk.”
Submitted he, “Police got it wrong. Vehicles are not driven through Aga Khan Walk and as such the charge before court is defective. Dismiss it.”
He urged the magistrate to free Kamau, Bernard Muya, Collins Otieno, Fredrick Odhiambo and Mulinge Muteti since “the charge sheet is erroneous, defective and does not disclose any offence.”
Without any hestitation, Ms Mugo released them unconditionally, but informed them they may arrested in future should police find any evidence to indict them.
At that juncture, the six broke into dancing and chanting anti-government slogans.
Police escorted them from the court rooms as they were perceived to be allegedly disturbing other courts.
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