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Activists to be tried in February
Activists at the Kibera courts shortly after they were arrested for holding an illegal assembly last Thursday. They intend to stage a demonstration to petition President Kibaki and Prime Minister Raila Odinga over the loss of free education cash and compensation of settlers in the Mau. Photo/PETERSON GITHAIGA
Posted Monday, December 28 2009 at 20:00
Twenty-two activists arrested on the Christmas eve for allegedly taking part in unlawful assembly were on Monday released on a Sh10,000 bond or Sh5,000 cash bail after denying the charge.
They pleaded not guilty before Kibera senior resident magistrate Margaret Kasera.
The activists took pleas after two days of protests which saw a magistrate quit the case. They will be tried on February 22, 2010.
Mrs Kasera took over the trial from Kibera senior principal magistrate Grace Nzioka who disqualified herself, saying she would “like justice seen to be done.”
Ms Nzioka quit the case against Mr Okiya Omutata Okoiti and 21 others after defence lawyers applied for her to refer the case to another magistrate.
Declined
The accused persons declined to plead to the charge on December 24, saying it was defective and against their fundamental rights.
They also said that no offence had been shown by the charge sheet as framed by the police.
The accused are charged with taking part in an unlawful assembly contrary to Section 78(1) as read with section 79 of the Penal Code.
They allegedly took part in an unlawful assembly along Aga Khan Walk, Nairobi.
The 13 women and nine men took to the streets to protest the theft of free eduction and compensation of wealthy people who have been allocated big chunks of land in the Mau water tower.
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