A Nairobi court has extended orders barring the arrest of four filmmakers Nicholas Wambugu, Brian Adagala, Mark Denver Karubiu, and Christopher Wamae following a request by the Office of the Director of Public Prosecutions (ODPP) for additional time to conclude investigations into their case.
The four had previously been arrested at their studio in Karen, Nairobi, with their equipment seized by police. The circumstances surrounding their arrest and the confiscation of their gadgets have since drawn significant legal attention and public concern.
During the hearing, the ODPP requested three more weeks to complete investigations. However, the defence objected strongly to the request, citing the initial arrest as illegal and arguing that the continued delay is unfair to the accused. “We need clarity on whether the ODPP intends to press charges or not,” the defence team stated, expressing displeasure at the prosecution’s application. “Our clients were arrested without due process, and their equipment was taken without their consent.”
The prosecution countered that the seized gadgets are currently undergoing forensic analysis, as per a valid court order issued by Court 5. They maintained that the confiscation was lawful and essential to the ongoing inquiry.
In a notable development, the court also issued summons to Chief Inspector Nixon Kinyua and Mogaah Wekesa Wechuli, requiring them to appear in court on June 16, 2025. Their appearance is expected to shed more light on the circumstances of the arrest and seizure of equipment.
The case has garnered attention from creatives and civil liberties groups, many of whom argue that the situation highlights the need for stronger protections for artistic freedom and due process in Kenya.
As the investigation continues, the extended orders offer temporary relief to the filmmakers, who maintain their innocence. The court is expected to review the ODPP’s progress and determine the next steps during the June proceedings. The outcome could set a precedent on how future cases involving content creators and digital media are handled by law enforcement.