"The applicant, a well-known advocate of the high Court of Kenya and public interest activist, is credibly informed and verily believes that there exists an imminent and well-orchestrated plan by state security agencies, acting at the behest of politically exposed persons, to unlawfully arrest, detain, and possibly harm him under the guise of legitimate investigatory process.

"The said arrest was anticipated to occur today, on a Friday, a tactic notoriously deployed in the past to ensure individuals are detained over the weekend, denied access to court and legal counsel, and exposed to considerable personal danger," Omari said in court papers seen by TUKO.co.ke.

The arrest, he alleged, was meant to silence his client's public interest work.

“This is not about law enforcement. This is an orchestrated attempt to cripple Mr. Wambui’s civic engagements,” Omari told reporters outside the Kibera Law Courts.

Wambui, who chairs the civic advocacy organisation Sheria Mtaani na Shadrack Wambui, cited violations of his constitutional rights under Articles 47, 49, and 50.

He said the arrest was timed for Friday to deliberately ensure he is held over the weekend without bail.

“The tactic of Friday arrests is a notorious abuse of process. It is designed to punish activists through unlawful detention,” the petition stated

According to court documents, the Rongai protest began peacefully but was disrupted by violent elements allegedly hired by political operatives. Wambui claimed he narrowly escaped an attempted stabbing.

A day later, he claimed that a local Member of Parliament issued a cryptic social media post implying that the financier of the protests was “from Mathare,” a known reference to Wambui, who is deeply associated with the area’s rights advocacy.

“This is nothing short of a dog whistle. It’s a veiled threat aimed at me,” Wambui told TUKO.co.ke

The lawyer said he has since received a summons from the Directorate of Criminal Investigations (DCI) requiring him to appear for questioning.

However, he believed the summons was not for a genuine inquiry but a pretext for politically motivated detention.

“I am ready to face lawful due process. But this is not due process—this is persecution,” he stated. “It’s Kamata Kamata Fridays all over again.”

Through Omari, Wambui has asked the court to restrain both the DCI and the Office of the Director of Public Prosecutions from arresting, detaining, or harassing him.

"That pending the hearing and determination of this application inter partes, this Honourable Court be pleased to issue ex parte orders restraining the 1 and 2nd respondents, their servants, agents, officers, or any other law enforcement agency under their command or direction, from arresting, harassing, intimidating, or in any manner whatsoever interfering with the applicant's liberty in connection with the peaceful demonstration convened in Ongata Rongai, Kajiado North Constituency on 25th June 2025, or any allegations arising therefrom", his application read in part.

Omari reiterated that the court must protect its officers from abuse of power and political vendettas.

“The Constitution guarantees the right to protest and protects against arbitrary arrest. I fear I’ll be arrested and detained without access to justice, just for speaking out,” Wambui added in a sworn affidavit

Following this argument, the High Court granted Wambui anticipatory bail. The ruling was delivered virtually by Lady Justice Diana Kavedza.

The judge certified the application as urgent and set an anticipatory bail of KSh 100,000, affirming that Wambui's fundamental rights must be preserved.

She highlighted that the ruling must be adhered to as detectives from the Directorate of Criminal Investigations and the Office of the Director of Public Prosecutions (ODPP) continue with their probe.

Source: TUKO.co.ke