Officer defends role in Nuru Okanga arrest, denies unlawful tracing claims

Nuru Okanga's defence lawyer Babu Owino cross-examining Constable Milton Mwanzi at Milimani Law Courts/JAMES GICHIGI

A police officer has denied allegations that Kenyans are being unlawfully traced without court approval, telling a Nairobi court that his role in the arrest of activist Nuru Okanga was limited to carrying out instructions from his superiors.

Constable Milton Mwanzi, attached to the DCI’s Serious Crime Unit, was the arresting officer in June 2024 when Okanga was picked up over a video that circulated on social media platforms.

Okanga is facing charges of publishing false information in violation of the Computer Misuse and Cybercrimes Act, allegedly using a TikTok account under the names "Riba News" and "Siasa TV KE Backup."

Testifying as a prosecution witness, Mwanzi said he was dispatched to track the activist and eventually apprehended him at a barbershop before escorting him to DCI headquarters.

During cross-examination on Thursday, defence lawyers questioned whether the arrest breached the constitutional right to privacy.

“Are you shocked Kenyans are getting traced without warrants?” one lawyer asked.

The officer responded: “You want to force me to get shocked.”

He maintained that he had broken no law and had simply followed operational orders.

The court heard that the officer did not have a court order to monitor Okanga’s movements or to conduct a search.

He also confirmed that he had not seized any of the suspect’s devices, nor had he presented digital evidence linking him to the accounts from which the video was circulated.

"Upon monitoring the suspect's movement, we managed to apprehend him as he had just entered a barbershop. Having arrested him, we escorted him to DCI headquarters, where I handed him over to the investigation team for further processing and interrogation," he told the court.

Mwanzi further stated that he is not a digital forensics expert and could not confirm the authenticity of the video clip.

Defence lawyer Babu Owino argued that the absence of a warrant and lack of verified evidence undermined the arrest under provisions of the Computer Misuse and Cybercrimes Act.

He added that without proper authentication, the prosecution’s case rested on shaky ground.

The officer, however, rejected suggestions that his actions were unlawful.

“I did not commit any offence,” he said, insisting that the technical aspects of the investigation were the responsibility of other DCI units.

The case will continue on October 2, 2025.