Petition filed to stop arrest of Gachagua

Petition filed to stop arrest of Gachagua

File image of former Deputy President Rigathi Gachagua. PHOTO| COURTESY

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A petition has been filed at the Milimani Law Court to prevent the arrest of former Deputy President Rigathi Gachagua, with the petitioner arguing that any move to detain or prosecute him would amount to politically motivated persecution.

Through lawyer Moses Mabeya, activist George Mogire urges the High Court to issue conservatory orders barring the Inspector General of Police, the Director of Public Prosecutions (DPP), and the National Cohesion and Integration Commission (NCIC) from taking any action that may compromise Gachagua’s liberty.

 Mogire contends that the alleged plans to arrest and charge Gachagua are not backed by credible evidence of criminal conduct but rather stem from recent political discourse.

He accuses the state agencies of acting under influence and in breach of their constitutional duties.

"Pending the hearing and determination of this application, this Honourable Court should issue conservatory orders restraining the respondents and their agents from arresting, detaining, or interfering with  Gachagua’s liberty," the application reads. 

The petition further claims that there is an imminent threat of illegal detention, citing a recent session of the National Assembly held on May 27, 2025, during which lawmakers allegedly pushed for Gachagua’s prosecution over remarks made during a May 17 interview. 

Mogire argues that the remarks fall within Gachagua’s constitutional right to free expression under Article 33. 

He describes the response to those remarks as an orchestrated campaign to silence dissent and a violation of the former deputy president’s rights.

He also raises concerns about alleged abuse of power, political discrimination, and what he terms a “well-orchestrated scheme” to weaponize independent institutions against perceived political opponents.

“The respondents have abdicated their constitutional mandates and are being used as instruments of political retaliation,” Mogire alleges, adding that the NCIC is applying its discretion selectively and in a biased manner.


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