Activists, lawyers rally behind OCS Angoya after arrest

Human Rights Activist Boniface Mwangi on May 19 /SCREENGRAB

Activists and lawyers have come out to support OCS Dishen Angoya following his arrest, with the group pledging legal and financial backing ahead of possible court proceedings.

The solidarity response comes amid heightened tensions following nationwide protests linked to fuel prices, which have led to arrests and investigations of protesters.

Activist Boniface Mwangi said supporters would stand with the officer, including meeting his bail and legal costs if he is charged in court.

“OCS Angoya is a friend to many Kenyans, as you can see many of us have come out to stand with him. If he goes to court, we shall pay for his bond and fight for him,” Mwangi said.

He urged police officers to act within the law and resist unlawful instructions, saying citizens would support officers who uphold constitutional rights.

“To all the police officers, do not just follow orders, even the ones that are against the law. Kenyans will defend you. We shall pay his legal fees and if he is fired, Kenyans will hire him.”

Law Society of Kenya president Charles Kanjama said LSK advocates are attending to Angoya’s case and multiple other cases involving peaceful protesters currently before the courts, as legal processes linked to the demonstrations continue to unfold.

He emphasised that an OCS is legally empowered to exercise discretion in the processing, charging, or release of arrested persons, provided such actions are within the law and respect constitutional safeguards.

“An OCS is constitutionally and legally entitled to exercise discretion in the processing and release of arrested persons, subject to the law and the rights guaranteed under Article 49 of the Constitution,” Kanjama said.

He warned that punitive action against officers for exercising lawful discretion could undermine constitutional policing and discourage adherence to due process within the criminal justice system.

“Punitive action arising from the lawful exercise of such discretion risks sending a chilling message to police officers tasked with upholding constitutional safeguards within the criminal justice process,” he added.

LSK said it will continue monitoring the matter alongside other protest-related cases currently before the courts, as legal debates intensify over policing decisions made during the nationwide demonstrations.

Another supporter, advocate Titus Mahanu, also defended the arrested officer, arguing that he was acting within his legal mandate as an Officer Commanding Station (OCS).

“The OCS is the officer commanding police station. He takes instructions from no one. He takes instructions from the law,” Mahanu said.

He questioned the decision to subject the officer to criminal proceedings, suggesting that any alleged misconduct should instead be handled through internal disciplinary mechanisms within the police service.

Mahanu also expressed confidence that legal teams would mount a strong defence for the officer, saying several advocates had already volunteered to represent him.

“If at all he has violated any police code of conduct, then that becomes a disciplinary issue. We are surprised that he is being dragged through the criminal justice system,” he said.

“We as lawyers are waiting and we are ready. We are going to defend him zealously. He needs to be released forthwith because there is no offence that he has committed.” 

Police Reforms Working Group joined LSK to express grave concern over the violence witnessed on Monday in the context of the ongoing stay-away and economic boycott over rising fuel costs.

“We call on all actors, especially the National Police Service and the Executive, to maintain maximum restraint, uphold the Constitution, and protect the right to peaceful assembly, association, and expression as a solution is found to the rising fuel prices. We call on the Independent Policing Oversight Authority to investigate the killings and allegations that police officers are being intimidated to prefer unlawful charges,” the statement read.

“The power to grant police bond is grounded in Kenya’s legal and constitutional framework. Criminalising the exercise of this discretion undermines the rule of law. It chills professional judgment within the police service and signals unlawful interference in operational independence.”