By Lilian Munini
April 27, 2026
Thirty-three protesters arrested during the April 21 demonstrations against rising fuel costs in Machakos have been released on cash bail.
This comes as questions persist over the handling of the arrests and the boundaries between protest and public order.
The group appeared before Machakos Chief Magistrate Justus Kituku, who granted each accused a cash bail of KSh 3,000 or an alternative bond of KSh 10,000.
They are expected back in court on May 14, 2026, when the case will be mentioned.
The protesters face charges of destroying roads, burning tyres, and obstructing traffic flow during the demonstrations that swept through parts of Machakos town at the height of public anger over the fuel price hike.
All 33 denied the charges. The court heard that police had initially rounded up 43 individuals in connection with the protests.
However, after investigations, 10 were released without charge — a development that has since fueled criticism from civil rights groups.
In a measured but firm ruling, the Chief Magistrate acknowledged the constitutional right to demonstrate, but drew a clear line against acts of destruction.
“Demonstrations are protected under the Constitution,” he noted and added, “but that right does not extend to the destruction of property.”
He specifically pointed to the damage to roads, warning that such actions ultimately punish the public by diverting scarce resources to repairs.
The accused are represented by Machakos lawyer Jackson Kalla, who pushed for their release, arguing that continued detention was unwarranted.
Outside the courtroom, activists led by members of the Free Kenya Movement, including Bob Njagi, struck a more defiant tone.
They condemned the arrests as arbitrary, insisting that many of those detained had been held without sufficient evidence.
They further argued that the prolonged custody of the suspects prior to their arraignment amounted to a violation of constitutional protections — turning what began as a protest over the cost of living into a broader confrontation over civil liberties.
The case now sets up a familiar tension in Kenya’s civic space: the right to protest versus the state’s responsibility to maintain order.
While the legal battle is just beginning for the 33 suspects, it is a reminder for those set free how quickly citizens can find themselves entangled in the machinery of enforcement.
And for Machakos — still bearing the physical scars of the demonstrations, yet emergiing as a protest hot spot— the question lingers: where does dissent end, and disorder begin?
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