President William Ruto addresses residents of Suna West in Migori County after he commissioned the sub county office on May 4, 2025.
Four men who were caught on video hurling a shoe at President William Ruto in Kuria West, Migori County, on Sunday could face treason charges.
This is according to preferred charges submitted to the judiciary by the Directorate of Criminal Investigations (DCI) in the region.
The four men, Nicholas Mwita, Emanuel Chach, Paul Mutongori and Hezron Moherai, are currently being held at Kehancha Police Station after police asked the court for 14 days to detain the men pending investigations.
Kehancha Senior Principal Magistrate John Paul Nandi allowed the DCI to detain the suspects until May 25, 2025.
In a video captured and shared online, President Ruto is seen dodging a shoe thrown at him.
The incident has since elicited mixed reactions online, with some claiming that the President's life was in danger.
Mr John Njogu, the lead investigator in the case, in his affidavit filed at Kehancha Law Court, preferred treason charges against the suspects contrary to Section 40 (1) (a) (i) (3) of the Penal Code.
The penalty for treason in Kenya is death.
Any person found guilty of treason shall be sentenced to death.
The same applies to any person who takes an oath or affirmation in the nature of an oath to commit an offence punishable by death.
The DCI also intends to charge the four men with causing a disturbance contrary to Section 95(1)(b) of the Penal Code.
In the affidavit, he said that on May 4, 2025, the suspects, among others, attended an event where President Ruto was a guest.
The function was held at Kehancha Township.
"During the function, His Excellency, the president, was launching an affordable housing project within Kehancha Township. During his speech to the gathering, a commotion ensued among the rowdy crowd, and a shoe was thrown towards His Excellency, the President's direction, hit his arm, and also caused alarm and disturbance to the people gathered, among them His Excellency," read part of the affidavit.
President William Ruto addresses residents of Piny Oyie in Suna West, Migori County after commissioning the sub county office on May 4, 2025.
The DCI officer wrote that the matter was reported to Kehancha Police Station under OB 19/04/05/2025.
According to the investigating officer, the suspects were arrested after reviewing the video clips shared online.
"Further to the above, the investigating officer seeks more time to investigate the matter due to the gravity and magnitude of the offence," read part of the affidavit.
It continued: "The investigator continues to pursue other suspects in relation to the matter, and the motive is yet to be established, and the respondents may interfere with the investigation if released."
According to the investigator, the suspects pose a flight risk and could abscond from court proceedings if released on bail.
"Their places of residence and social ties are unknown to the investigator and it will be difficult to trace them," reads part of the court file.
Family speaks
Some Kuria residents and the families of the suspects defended the group, saying they were innocent.
Esther Marwa, Paul's mother, said her son was not a criminal and had been wrongly accused.
She said her son had never been involved in any crime.
"My son has never done anything that makes him a criminal. I raised him well," said Ms Marwa.
According to the mother, her son was well-disciplined.
"I raised him well and taught him to be a good person. He did not like politics, he just wanted to see the president," Ms Marwa said.
She said her son left home in Komasincha village in Kuria West in the morning and did not return later in the day.
"I was washing clothes when he left. I was preparing to take him to church in Kehancha town," said Ms Marwa.
The family never saw him again after he left the house in the morning.
Ms Marwa said she was later told that her son had been arrested for attacking the president.
Kehancha Law Courts in Kuria West in Migori County on May 6, 2025. The court granted DCI officers permission to detain four men who were accused of hurling a shoe at President William Ruto during his tour of the region.
But Paul told her a different story.
According to the mother, her son admitted to being at the President's event.
But he said he was not part of the group that threw the shoe.
"He was arrested in a bar and was not told why he was being detained," Ms Marwa said.
Paul is a miner at a nearby gold mine.
He is 18 years old and has no identification.
His family said he was one of the family's breadwinners.
Ms Marwa said her husband was involved in an accident, and her son decided to be the one to support the family.
The family appealed to President Ruto to pardon their son and the other suspects.
The family said the charges are serious and they are worried about the possible consequences.
Rose Swagi, Paul's sister, said her mother fainted after being informed that her son was in police custody.
"We had to give her first aid. The case may cause her to develop complications in her body," she said.
Paul's friend Emmanuel Mananga said some people in his village were surprised that the suspect had been arrested.
He said the suspect was not confrontational and always backed down when someone insulted him.
"I believe he did not commit the crime. He should be released," Mananga said.
Kuria residents argued that Kuria is the only region in Migori County that voted for the President and has political leaders who are members of the UDA.
They said this showed they loved Dr Ruto and would not do anything to harm him.
Kuria East MP Marwa Kitayama said the region had never held demonstrations against the President, and the incident happened as a result of excitement.
"We love the president, and this was just an isolated incident of young people trying to get a glimpse of the president," he said.
His account echoed that of State House digital strategist and head of special presidential projects Dennis Itumbi, who said the incident was unintentional and an accident.
Read: Riggy G doing a Ruto on Ruto: Why shoe is on other foot for President in war with embattled deputy
Several video clips have circulated online showing how the incident happened.
The first video that circulated did not show the person throwing the shoe.
Other clips, taken from different angles, later showed where the shoe came from.
Mr Kitayama said various videos showed that the owner of the shoe had no intention of harming the president or throwing the shoe at him.
According to the legislator, the Kuria region was exceptional in the love that all Migori residents showed to President Ruto.
"The ground was very excited about the President's trip and everyone was filming to have their own piece of souvenir of their beloved President," he said.
A shoe could be seen flying from the crowd, hitting President Ruto who was mid-speech.
During the process of recording President Ruto's speech, he said one man who did not have a mobile phone used his shoe as a mock mobile phone.
But others behind him got angry that he was blocking their view.
"The person behind him started complaining and tapped the shoe, and it landed on the president's hand," Mr Kitayama said.
The MP argued that if the incident had been life-threatening, Dr Ruto would have stopped speaking.
Instead, the video shows the head of state continuing to speak.
"He was the one who was calming people instead. It was an unfortunate accident that happened because of excitement that was unintended and unplanned," said Mr Kitayama.
Soon after the first video was shared, many people jumped to the conclusion that someone had thrown a shoe at the president.
Mr Kitayama said it was an act of misinformation that could lead the country in the wrong direction.
"The country almost burned down the other day because misinformation was spread and untruths were told just to excite a certain section of the population. It was just an accident out of excitement, but unfortunate," the lawmaker said.
However, he said the Kuria community regretted the incident.
He said investigators should make clear findings about the incident.
"If you don't like someone, why would you go to their meeting and start filming? Only the person who loves you would take out his phone and film you while you speak," the lawmaker said.
The Secretary of State for Social Protection, Joseph Montari, apologised to the head of state.
He asked investigators to speed up the investigation into the matter.
"Whoever may have been involved in the incident, whether a politician or not, should be taken to court," Mr Montari said.
Migori County Commissioner Kisulu Mutua said investigations into the incident were ongoing.
"Some suspects have been arrested over the incident," he said.
