A court in Kahawa on Thursday postponed the plea taking for Festus Arasa Omwamba, who faces allegations of running a human trafficking syndicate. The court granted the prosecution and the bench time to review High Court orders that bar his arrest and prosecution.
Authorities presented Omwamba before Senior Principal Magistrate Gideon Kiage at the Kahawa Law Courts after officers from the Directorate of Criminal Investigations (DCI) arrested him earlier this week.
Through his lawyer, Omwamba told the court that the High Court of Kenya granted him anticipatory bail of Sh100,000 in June 2025. He said authorities executed those orders in February this year, restraining his arrest and prosecution until March 27, 2026.
His counsel argued that the High Court orders “remain in force and cannot be disregarded” and maintained that Omwamba voluntarily presented himself to police, demonstrating that he does not pose a flight risk.
The lawyer added that Omwamba stands ready to surrender his passport to the court. He also pointed out that an affidavit filed by the prosecution confirms that investigations are still ongoing.
“The court cannot hear this case when there is an existing High Court order barring arrest and prosecution pending mention on March 27,” the defense submitted, urging the magistrate to issue appropriate directions.
The Office of the Director of Public Prosecutions (ODPP) told the court that prosecutors only learned about the anticipatory bail orders during the proceedings. They asked for time to confirm whether those orders apply to the current case.
The prosecution added that investigators are probing Festus Arasa Omwamba over separate offenses. They argued that the present charges arose only last week, involve matters of public interest, and warrant immediate plea taking.
In his ruling, Senior Principal Magistrate Gideon Kiage observed that the anticipatory bail orders were issued in June last year. He agreed that both the prosecution and the court need time to review the file at the High Court of Kenya.
“The court will give the prosecution and itself time to peruse the high court orders,” the magistrate ruled, pushing the plea taking to Friday.
Should the court proceed with plea taking, Festus Arasa Omwamba will face a charge of trafficking in persons under Section 3(1)(d), read together with Section 3(5), of the Counter-Trafficking in Persons Act, 2010.
The charge sheet states that between December 1, 2024, and September 24, 2025, Omwamba allegedly worked with others not before the court to recruit 25 Kenyan nationals from Great Wall Gardens in Athi River, Mavoko Sub-county, Machakos County, and facilitated their travel to Russia for exploitation through deception.
Detectives based at Moyale Police Station arrested the 33-year-old over claims that he ran a trafficking network targeting vulnerable job seekers with promises of well-paying opportunities abroad.
Authorities say the suspects lured victims with offers of legitimate employment in European countries, only for them to end up in unlawful and dangerous working conditions.
The National Intelligence Service (NIS) has disclosed that more than 1,000 Kenyans have been recruited “to fight in the Russia-Ukraine war.” Of those, 89 are currently on the front line, 39 are hospitalized, and 28 remain missing in action.
At least five Kenyans have reportedly died after recruiters sent them to fight in the war, according to government officials.
The court has scheduled plea taking for Friday, pending its review of the High Court orders.
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