DCI Seeks Permission to Extract WhatsApp Messages from Omtatah’s Phone

Tuesday, 31 December 2024 – The Directorate of Criminal Investigations (DCI) has intensified its probe into the protests that erupted in Nairobi’s Central Business District (CBD) on Monday, December 30, by seeking permission to access mobile phones belonging to Busia Senator Okiya Omtatah and 22 others arrested during the demonstrations.

In a petition filed at the Milimani Law Courts on Tuesday, December 31, prosecutors from the Office of the Directorate of Public Prosecutions (ODPP) requested authorization to extract social media messages and images shared by the suspects. The DCI claimed that the extracted data, including WhatsApp, Facebook, and X (formerly Twitter) messages, would aid their investigation into allegations of incitement against the state. The petition stated that the mobile phones were required to retrieve messages and photographs allegedly used to incite the public.

The DCI has accused Omtatah and the others of incitement to violence and disobedience of the law during the protests. The demonstrations were sparked by public outrage over a string of mysterious abductions reported across the country in recent weeks. Activists had used social media to rally citizens to the streets, demanding answers from the government regarding the disappearance of individuals such as Steve Mbisi (Machakos), Billy Mwangi (Embu), and Peter Muteti (Nairobi).

The investigative body has also requested the court to detain Omtatah and the other suspects for an additional 14 days, arguing that their release could disrupt ongoing investigations. According to the DCI, they are still in the process of retrieving CCTV footage from businesses near the protest sites, including Java and Naivas supermarkets, and recording witness statements. The DCI further argued that releasing the suspects could lead to further unrest and disrupt peace, as they might continue inciting the public through social media.

Omtatah’s arrest has sparked widespread condemnation, with Kenyans closely monitoring developments. Political leaders, including Kalonzo Musyoka and Eugene Wamalwa, have criticized the government for what they described as an infringement on fundamental freedoms. Musyoka, speaking outside the courthouse, labeled the crackdown as a blatant violation of Kenyans’ right to peaceful assembly and freedom of expression.

The protests on Monday saw a significant turnout, with demonstrators demanding justice for the missing individuals. The tension remains high as the court prepares to rule on the DCI’s requests.