Prominent city lawyer and civic activist Shadrack Wambui has secured anticipatory bail from the High Court in Nairobi, following fears of imminent arrest linked to his role in organising a peaceful protest in Ongata Rongai on June 25.
In a ruling delivered virtually on Friday, Lady Justice Diana Kavedza certified Wambui’s application as urgent and granted him Sh 100,000 anticipatory bail , stating that his constitutional rights must be protected during ongoing investigations by the Directorate of Criminal Investigations (DCI) and the Director of Public Prosecutions (DPP).
Wambui, who is also the Chairperson of Sheria Mtaani na Shadrack Wambui, a registered Public Benefit Organisation, told the court that he had lawfully notified authorities of the planned protest under Article 37 of the Constitution, which guarantees the right to peaceful assembly.
He claimed the protest, aimed at championing civic accountability, was infiltrated by violent individuals who disrupted proceedings and attempted to assault him. The situation forced him to flee to Mathare for safety.
In court documents, Wambui accused a local Member of Parliament of making inflammatory social media remarks linking him to the unrest. He said these public statements had escalated fears of an arbitrary arrest, and that his organisation had issued a demand for retraction, which remains unanswered.
Justice Kavedza ruled that the court’s role at this stage was to safeguard constitutional liberties and not determine the truthfulness of the apprehensions. She emphasized that under Article 49(1), a person has the right to bail unless there are compelling reasons to deny it.
Justice Kavedza ruled that Wambui shall not be arrested or harassed unless further orders of the court are issued. She also instructed Wambui to present himself to the DCI for further inquiry or interrogation within seven days, no later than July 7, 2025, with full cooperation from Wambui expected.
The court further said that If investigations conclude and a decision is made to charge him, Wambui is to be bonded to appear in court for plea-taking, rather than being detained.
The anticipatory bail will remain valid until such a plea is taken or until the court issues further directives.
