Allan Ademba’s Lawyer Gives Fresh Update After Ol Kalou Arrest

Lawyer Melvin Thogo has provided a fresh account of the circumstances surrounding the arrest of Allan Ademba during the  Ol Kalou by-election on Thursday, July 16, 2026.

In a phone interview with NTV, Thogo stated that his client was lawfully present in the Constituency to observe the electoral process under the Tuko Kadi initiative.

Thogo said Ademba had travelled to the polling station to monitor youth participation in the by-election and assess whether young people were actively engaging in the democratic process.

According to the lawyer, Ademba was neither acting as a journalist nor participating in any activity that could amount to an electoral offence.

Thogo said Ademba’s role was purely observational and insisted that there was no evidence suggesting he interfered with voting or violated electoral regulations while at the polling station.

“Allan was at the polling station as part of the Tuko Kadi initiative. He had said he wanted to observe how young people were being engaged in the electoral process and whether they were turning out to vote,” Thogo said.

Lawyer Recounts Circumstances Leading to Allan Ademba Arrest

Thogo said one police officer initially approached Ademba and asked whether he was a journalist.

After Ademba reportedly responded that he was not a journalist but was simply observing events, the officer allegedly did not instruct him to stop taking photographs or leave the area.

However, about 15 minutes later, the lawyer said a Volkswagen vehicle carrying five men arrived at the scene.

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The occupants allegedly identified themselves as officers from the Directorate of Criminal Investigations (DCI) before taking Ademba into custody.

“A few minutes later, about 15 minutes later, a Volkswagen with five men came, found him and took him away. From the brief conversation they had with him, they said they were DCI officers,” Thogo stated.

According to the lawyer, Ademba has remained in custody at Ol Kalou Police Station since his arrest at around 9 a.m. the previous day.

Thogo added that authorities later informed the legal team that Ademba would be presented before court, although they were still waiting for the arraignment.

He said officers indicated that the arrest was linked to allegations that Ademba had been filming without holding a press pass.

Lawyer Disputes Alleged Election Offence

Thogo argued that the accusations against his client do not amount to an offence under Kenya’s election laws, insisting that Ademba was not recording restricted activities inside a polling station.

He maintained that the Election Offences Act primarily prohibits filming inside the voting booth or engaging in activities that could compromise ballot secrecy, neither of which, he claimed, occurred.

“First of all, you have to look at what he was filming because, according to the Election Offences Act, what is prohibited is filming at the voting booth, which he wasn’t doing,” the lawyer said.

The advocate explained that Ademba was outside the polling area, linking his actions to those of an ordinary citizen documenting events or creating vlog-style content.

“He was outside, just like someone trying to vlog. He wasn’t filming anything that is prohibited. He wasn’t asking anyone who they were voting for or what they were doing there. If he was at the voting booth or trying to interview voters, then that would be an offence,” Thogo added.

Questions Over Detention and Police Procedure

Beyond disputing the allegations, Thogo questioned the manner in which authorities handled the arrest and subsequent detention.

He argued that if investigators believed an offence had been committed, police had alternative legal options, including releasing Ademba on police bail or taking him to court without prolonged detention.

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“There were other options available. They could have released him on police bail or taken him to court immediately. Again, he was the only person who was arrested,” he said.

Legal Team Says Ademba is in Good Condition

Despite their concerns, Thogo said the legal team had ensured Ademba’s welfare throughout his detention by remaining at the police station for most of the period.

According to the advocate, they provided him with food, clothing and other necessities before leaving overnight, while another team remained on standby to monitor the situation.

“He’s okay. We’ve been taking care of him. Because he was arrested by plainclothes officers, we didn’t know what was going to happen. We made sure he was well fed, well clothed and warm enough. We already have a team headed there, while some of us are also going to court to wait for him,” Thogo said.

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Voters queue at one of the polling stations during the Ol Kalou By-election
PHOTO/Nation