They were among the Forty-three suspects who were in custody at Machakos police station after they were presented to court last week but never took plea. The court had granted the police two more days to complete investigations.

Only thirty-one suspects were presented to court and charged on Monday. The rest were never presented after prosecution failed to get any evidence linking them with the protests after police concluded their investigations.

The suspects who appeared before Chief Magistrate Justus Kituku in Machakos Law courts all denied the charges pressed against them.

They face multiple charges including malicious damage to property and interfering with traffic flow during the protests.

The court slated May 14 for a mention.

In his ruling, Kituku stated that demonstrations are a constitutional right. He, however, warned that such freedoms must not extend to destruction of property.

Kituku said it wasn’t right to damage roads since public funds would be spent to repair them.

The protestors were represented in court by lawyer Jackson Kalla.

Activists led by members of the Free Kenya Movement, including Bob Njagi, condemned the arrests, saying the protestors were detained without evidence and that prolonged custody violated constitutional rights.

The suspects, including three minors, were earlier presented before Senior Principal Magistrate James Ombura last Wednesday but did not enter a plea.

The prosecution had sought five more working days to conclude investigations. However, Ombura allowed only two, saying the court must balance the rights of both suspects and victims.

“I have considered the application by the prosecution and the response by defence counsels. The court understands that the accused persons/suspects were arrested yesterday after the demonstrations which are said to have gone into the night and have been arraigned within 24 hours in court as the constitution requires,” Ombura ruled.

He added that while suspects are presumed innocent, there were concerns over reported destruction during the protests.

“The court is equally aware that there is a right of presumption of innocence until one is proven guilty. However, it’s not disputed that there could have been destruction of property in town yesterday and property might have been destroyed. This calls for a balance of rights of the victims and suspects so that justice is seen to be done to each party.”

The court directed that the suspects be returned on April 27 for plea taking.

According to state prosecutor Ms L. Wataka, the demonstrations left a trail of damage, including destruction at a Pizza Inn outlet, break-ins with stolen items of unknown value, and damage to Family Bank premises.

She also told the court that two National Police Service vehicles had their windscreens shattered, while an ambulance from Machakos Level 5 Hospital was vandalized. Seven police officers were injured and are receiving treatment.

The prosecution argued for continued detention, citing ongoing investigations, pending medical reports and the need to present exhibits.

However, defence lawyer Jackson Kala opposed the request, saying detention should be a last resort. He told the court that some of the suspects were students, including Form Four candidates, and claimed a few were caught up in the chaos unintentionally.

Another defence counsel, Munyao, said no evidence had been presented linking the suspects to the alleged destruction and insisted bail should be granted.

The prosecution countered that no documents had been provided to confirm the students’ status at the time of arrest and maintained investigations were incomplete.

In his ruling, Ombura ordered that adult suspects be held at Machakos Police Station, while minors be placed in remand facilities and handled appropriately.