 We are here with DJ John Falme and his lawyer, Wachatu Skewana Semaji. So we are going to give a brief statement as you are aware they've just been released. So the previous time we were before court that was on the 25th. The investigative agencies were accorded about 14 days to conduct investigations and then thereafter is when they would have charged depending on the outcome of the investigation. But we are happy to report today that after the investigations, the investigative agencies afforded the file to the DPP. The DPP actually recommended only one of them to be charged. The six, including the team that is here, have been exonerated by the investigations. But what we've heard in court is that the prosecution intends to use the six who have been released today as witnesses. I think that is a much that we can comment on that matter today. Thank you. Unless we have, we can take about one or two questions. I think that would be sufficient. Okay, just to clear the air for DJ John Falme fans and the crew when you're on our list. So they will not be coming back to court in Meisha? Yawe in Meisha. Yawe in Meisha to put in plain language Yawe in Meisha. So whatever we heard in court is that the prosecution intends to use them as witnesses. That is all we know. I think I have my colleague here who can comment on that. I think it's important just to add that even the decision to convert DJ and the team as witnesses is not a decision that has been made by the DJ. You know there is a lot of misreporting. Them they wrote a statement regarding what transpired. They did not incriminate anybody. So please let there not be misreporting that people have decided to buy their freedom by incriminating other people. The DJ and his team has consistently maintained the position that nobody was assaulted. Nobody was beaten. Infankt as at this morning when we heard that there was a recommendation that was sent to the DPP to charge. That recommendation was sent by the DCI without any consent of DJ and his team. So it is them who made that decision. So that thing of reporting that there is somebody who has decided to incriminate anybody else so that they can buy their freedom is nonsensical. And there cannot even be murder anyway. If people fought, there cannot be murder. The most there can be is not. If everybody were to die because of a slap, then everybody should be charged. Anybody who fights with someone and then that person ends up dying. Does it mean that that person is guilty of murder? So investigations that has been done we also do not even know. All we know is that today and like 14 days ago when we were told there was preliminary evidence. Today there was no evidence. Today what happened is that DJ and the team were told by the court that we did not find any evidence and that is why we did not charge you. And we said that 14 days ago. The reason why we were saying that even investigations were to happen, it should happen when these people are out on bond. So that we are that a scenario where people are held in wrongful custody for even a day or two days or 20 days or 14 days. Only for the DCI to come and say that these people should be released. Our concern as lawyers is simply this. The injustice that DJ and the team has suffered for being in incarceration for 14 days. How will that be reversed? Of course DJ and the team will be consulting with us. The law has now changed where DCI acts maliciously. Those specific individuals and those police officers and those detectives can be pursued individually. And they can be held liable because of infringing on the rights of DJ and the team. Because if we allow this to happen, you and I will not be safe. Because what would stop now someone from coming and telling my good friend here that I need to investigate this guy for murder. In the meanwhile, give me permission to hold him in custody for 14 days. If this does not change, we will not be safe. And I think there is a worrying trend and this is a complaint we were making before the court. That we are not saying that the DCI should not investigate. But the reason why we say that investigation should precede an arrest is so that you do not have people who are innocent. Being held in pretrial detention like what has happened to the DJ and the team. Only for the same people who came and said they have evidence to now come and say these people should go home. This is a worrying trend. This is a clawback. This is something that should worry every believer in constitutionalism and fundamental rights. Remember during Muakanya before we got the 2010 constitution. The special branch used to hold people in Communicado without charging them. Why we gave ourselves this new constitution is so that you and I, when you arrested you are presumed innocent. Even if you have not been charged before someone is committed to pretrial detention. There has to be very compelling reasons. The other days we told them that you are saying that they have been interference with witnesses. You remember us asking our clients not even know the identity of these witnesses. You are saying people need to be taken to Mama Lucy for mental assessment. What do you know what that means? That these people already guilty of murder or rather we have found evidence of murder. How come today they have not been taken to Mama Lucy for mental assessment? It means Afrod was committed on the court. The DCI simply just had no evidence and that is why they came to court. And I think something else there is a malicious aspect to this investigation. The complaint is by DCI Kabete where the disease was working. The incident happened in Kikuyu. DCI Kikuyu has no idea that there was an incident that happened outside their police station. How come all these investigations when they were being done they bypass Kikuyu police station? And yet there is a DCI department there. Until the homicide team, because I can confirm here and now that the investigations touching on Falme and the team was taken up through the intervention of the director of DCI by the homicide team at the headquarters Kiamu. They have conducted very thorough and independent investigations and they have exonerated DJ and the team. It should not surprise you that when these investigations were being done when the homicide team went to Kabete to even get the DCI there to take them to the scene. They say they did not even know the scene of crime. Can you imagine? People have been detained for 14 days and yet the investigating detective does not even know the scene of crime. They had to go for my client in Rirota police station to take them to the scene of crime. So what is this that they were investigating? What is this evidence that they had to get people in custody for 14 days? It is wrong. And we are not saying this because we are defending DJ and the rest is because this constitution and the right to be released on bail and bond is to everyone so that you do not have the police exercising vendetta. You do not have police exercising, I mean operating maliciously and having you and I incarcerated wrongfully. Only for us after 14 days to be told that I'm sorry we did not find any evidence, go home. So what happens to the injustice that the DJ and the team has suffered? How do you reverse the injustice of serving wrongful custody for 14 days? It is wrong and it should concern everyone and it has to be condemned, it should be called out. Because there are few elements within the DCI who are violating the constitution and being allowed to get away with it. All we are saying is that let crime be punished, let investigations be done. But let investigations be done objectively and not maliciously with an intention to punish people even when they are innocent. We came 14 days ago we say there was no evidence. How come today they came and conquered with us? So why did they have to suffer custody for 14 days? Because I wish after 14 days they came and they told them we are charging you. But how come out of all these people? And even this particular person that they are saying that they are charging this morning whom they did not even bring to God. There is nobody who has even been incriminating evidence against. In fact we will be waiting to see that evidence. Because they said that there is CCTV footage outside Kikupolisation. We said there are no CCTV cameras. They went to Texas where that guy was drinking that previous night. They reviewed the CCTV footage there. DJ and the team were not even anywhere near that police officer. They did not even know he was a CID officer. They reviewed that. How come they have not even seen, not even a single person who was assaulting that person? And now here we are being told 14 days lock them in. It is wrong. It is a violation of people's rights. We have to call it out and not because it touches on DJ. And I think it is important even as we report this thing on social media. We are not defending DJ because it is DJ. We are defending DJ because he is a representative of all the 42 million Kenyans who are supposed to be protected by Article 49 which says we presume you innocent until proven guilty. And you have a right to be released on bond. Because if they had released these people on bond, they simply have come today and would be like we did not suffer incarceration. Now that you did not find any evidence against us, we are happy to go home. But now here you incarcerate and then you tell them go home. So what happened? Now that I was in because of your request. Who pays for that? Who addresses that injustice? That's why we are complaining. And that's why we are saying going forward DCI must operate within the law and must know what the constitution says and must guarantee the rights of people even when they are doing this investigation. Punish crime. If people have committed crime, let them be punished. But innocent people to suffer custody for 14 days when you say they have evidence and then you come back and you say there is no evidence and you don't even apologize to the court. You say we are applying for the file to be closed. And then people is tired of alikuwaan danis. Others were Muslim they could not even fast during the holy month of Ramadan. Others are mothers. Another one is even expectant. So who addresses that injustice? It is not about DJ. It's about all of us and we have to be concerned because that is not what the constitution says. But I think the people who are also charged with defending this constitution the men and women who are charged with defending this constitution must be bold enough to call out this conduct. Because the effectiveness of this constitution is only as useful as the people who are charged with defending it. Because if casually we will continue entertaining these applications by DCI to incarcerate people only after 14 days to tell them to go home nobody is safe. Nobody is safe. Thank you guys. My name is Fazil Khalid of Abali 254. So you did mention that there was infringement of the rights of the people who are accused. So legally are there actions that we are going to take? Yes, yes, yes. The DJ can file a constitutional petition for damages against the officers who maliciously and without any evidence got the incarceration order. So we shall be advising the team to consider taking out a constitutional petition for that papa so that they can have their rights vindicated. So the matter doesn't end here. It's only the issue of the police but insofar as the infringement of the rights of the DJ and the team is concerned they have a constitutional remedy and we shall be advising them accordingly on the route that they should take.