The Office of the Director of Public Prosecutions (ODPP), representing the Directorate of Criminal Investigations (DCI), has filed a petition seeking access to the mobile phones of Busia Senator Okiya Omtatah and his co-accused. Prosecutors aim to retrieve social media messages and images as part of ongoing investigations into alleged incitement.

“The suspects’ devices must undergo analysis by the Communications Authority of Kenya to extract WhatsApp, Facebook, and X communications, as well as photos reportedly used to incite opposition against the government,” the petition states.

Omtatah and 22 others were detained during protests on December 31 in Nairobi and other areas. These demonstrations were organized to demand answers regarding recent abductions, with seven individuals reportedly disappearing in December.

Online activists had mobilized support, highlighting cases of missing individuals, including Steve Mbisi (Machakos), Billy Mwangi (Embu), Peter Muteti (Nairobi), Bernard Kavuli (Nairobi), Gideon Kibet (Nairobi), and Rony Kiplang’at (Kiambu).

The DCI has requested a 14-day extension to keep the suspects in custody, citing unfinished investigations. Authorities argue they need additional time to secure CCTV footage from businesses in Nairobi’s CBD and record witness statements.

The DCI also raised concerns about public order, claiming that releasing Omtatah and the others could provoke unrest. “Releasing the suspects at this stage could jeopardize national peace and security,” stated the agency, adding that their online activities continue to incite the public.

The arrests have drawn public condemnation, with leaders such as Kalonzo Musyoka and Eugene Wamalwa accusing the government of violating citizens’ rights. During a court appearance, they expressed solidarity with Omtatah, calling for an end to the suppression of dissent.