Lady Justice Florence Muchemi of the Thika High Court has reviewed and amended a contentious decision by a lower court that had placed an abnormally high cash bail of Ksh. 100,000 on each of the 42 people detained during recent Maandamano protests, marking a major legal victory for civil rights advocates and the relatives of protestors who were arrested.
The accused, all charged with robbery with violence, a serious offence in Kenyan law, were branded as innocent civilians by their defence team, who argued that the charges were exaggerated and the bail amount was punitive.
In a strongly reasoned ruling, Justice Muchemi agreed that the previous bail terms were excessive and did not align with the principles of fair and equal access to justice. She ordered the bail to be lowered to Ksh 30,000 per person.
The legal breakthrough was spearheaded by a formidable team of human rights lawyers led by Embakasi East MP and Counsel Babu Owino, alongside advocates Abner Mango, Pius Oyoo, Noordean Khagai, Wanjira Maina, and James Ong’amo, a group that has come to be famously dubbed “The Big Bad Team” by the court for their relentless advocacy and courtroom prowess.
“This ruling is not just a win for the 42 individuals, but for every Kenyan who believes in justice, dignity, and the right to protest,” said lead counsel Babu Owino after the verdict.
The move has been widely celebrated by civil society groups and protest organizers who see it as a beacon of hope in an increasingly tense environment where demonstrations have led to mass arrests, intimidation, and what many claim are politically motivated charges.
As push for justice and accountability continues, the Thika ruling sets a strong precedent for how courts can stand firm against the criminalization of civic dissent and reaffirms the power of determined legal representation in upholding constitutional freedoms.
