Lawyer Ndegwa Njiru Freed After ODPP Declines to Approve Charges

Lawyer Ndegwa Njiru was released on Thursday after prosecutors confirmed that no charges had been approved against him following his arrest over an alleged traffic offence. 

The Office of the Director of Public Prosecutions (ODPP) declined to authorise the case, bringing the court proceedings to an end. Njiru was arrested earlier in the day and taken to the Milimani Law Courts, where he was expected to face obstruction charges. 

However, his legal team, led by senior advocates Nelson Havi, Kibe Mungai and Vincent Lempaa, argued that his detention had no legal basis. Prosecutors told the court that no charge sheet had been approved by the ODPP, leaving no grounds for the case to proceed. Njiru was then released.

Speaking outside the court, Njiru said the arrest would not deter him. "We are not going to allow fear to enslave us. We will overcome our fear," he said. His lawyers argued that his constitutional rights had been violated, maintaining that police cannot lawfully detain a person without an approved charge sheet.

The case has raised questions about police conduct and the role of prosecutors in approving criminal charges. Njiru said he may seek redress in the High Court, indicating that he intends to challenge what he described as an unlawful arrest and detention.

Njiru also rejected claims that he had consumed alcohol, describing the allegations as false and saying he has never consumed alcohol. Earlier, he confirmed his arrest in a social media post, stating that his vehicle had broken down on Thika Highway and that police accused him of obstruction.

"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 wrote.