Lawyer Ndegwa Njiru released, hints at challenging his 'unlawful arrest and detention'

Lawyer Ndegwa Njiru was on Thursday freed after an alleged traffic-related charge against him failed to proceed in court following the Office of the Director of Public Prosecutions' (ODPP) decision not to approve the charges.

Njiru had been arrested earlier on Thursday morning, but the prosecution informed him and his lawyers that no charges had been preferred against him.

His release came hours after he was presented before the Milimani Law Courts, where he had been expected to answer to the alleged offence.

Speaking at Milimani Law Court after his release, Njiru maintained that he would not be intimidated despite his arrest.

"We are not going to allow fear to enslave us. We will overcome our fear," he said.

Njiru was represented by a legal team comprising senior advocates Nelson Havi, Kibe Mungai and Vincent Lempaa, who argued that his arrest and continued detention had no legal basis because the ODPP had not approved any criminal charge against him.

According to the lawyers, prosecutors confirmed that no obstruction charge had been sanctioned, effectively bringing the intended prosecution to an end before a plea could be taken.

The defence maintained that Njiru's constitutional rights and fundamental freedoms had been violated by his arrest and detention, arguing that police could not lawfully continue holding him in custody without an approved charge.

Following his release, Njiru hinted at moving to the High Court to seek legal redress over what he termed an unlawful arrest and detention.

Counsel Nelson Havi commended the team of lawyers who stood by Njiru in the court precincts.

Njiru had earlier dismissed allegations linking him to alcohol consumption, insisting he has never consumed alcohol and describing the accusations against him as baseless.

The lawyer confirmed his arrest through a statement on his social media pages on Wednesday evening, claiming he was detained after his vehicle developed mechanical problems on the busy highway.

“I have been arrested by the Kasarani police. I am at Kasarani station. I am being accused of obstruction after my vehicle broke down on the Thika High,” he stated.