Russia war: Lawyers clash over suspect's confession text
Crime and Justice
By
Kamau Muthoni
| Feb 28, 2026
Festus Arasa Omwamba Manager at Global Face Human Resource, an agency that has been taking Kenyans for employment in Russia at the Kahawa Law Courts. [Winfrey Owino, Standard]
A WhatsApp message allegedly sent by a man at the centre of trafficking Kenyans to Russia to join its war against Ukraine has ignited a legal storm, pitting his lawyers against the Director of Public Prosecutions (DPP) and the victims’ lawyer.
The message, produced in court yesterday, appeared to be a confession from Festus Omwamba to the investigating officer, in which he admitted breaking the law and expressed his willingness to surrender, provided his safety was guaranteed.
“Hello, Sir, I know you’re really looking for me. I know I have done wrong. Let me surrender myself to you. I don’t want to hide. Only guarantee my safety in your hands, Sir. I have received several threats, and I do not want to side with the Russians,” the message, sent to Sergeant Salima, reads in part.
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Omwamba’s lawyers — Bonventure Otieno, Kubo Mwakichako, and Cliff Ombeta—argued that the message should not be used in court because the investigator allegedly failed to caution him. They insisted that Omwamba’s surrender was intended to assist the police with investigations, with the hope that he would not be charged.
Conversely, prosecutor Kennedy Amwayi and the victims’ lawyer Ndegwa Njiru told Kahawa Magistrates’ Court, before Magistrate Gideon Kiage, that the message demonstrated Omwamba’s awareness that his 40 days had ended, as he was already wanted under a warrant of arrest.
It emerged that Omwamba had been in Ethiopia before surrendering to Immigration officials at the Isiolo border, who then handed him over to the Directorate of Criminal Investigations (DCI). Njiru likened Omwamba to a fugitive warlord, comparing his actions to crimes against humanity committed in Congo and Yugoslavia, and argued that conscripting Kenyans into the Russian military amounted to international crimes, triable before the International Criminal Court (ICC).
He added that Omwamba’s entry through Moyale did not constitute a voluntary surrender to authorities, but suggested he was sneaking into the country.
Amwayi argued that Omwamba had a warrant of arrest from Karatina after jumping bail. “His surrender was not out of goodwill; he knew his time for hiding had ended. If released, he may abscond to evade trial. There is no evidence of family ties,” Amwayi said.
He further stated that Edward Gituku Kamau, also charged with trafficking Kenyans to Russia, is an employee of Omwamba. Kamau was arrested after detectives raided a house where 25 men were allegedly preparing to travel to Russia. He denied the charges and was released on bail.
In response, Otieno insisted that his client was surrendering to the police to provide a statement and help unravel the trafficking network. “They are saying that this person is being hunted by Russian mercenaries. This person is here. This is a forwarded text. Your Honour, the investigating officer said he was in the company of another officer. The affidavit is made of hearsay. We know there are victims, but the accused’s rights must be protected,” Otieno said.
The magistrate directed that Omwamba be remanded at Kiambu Medium Prison until next Thursday, when he will decide whether to grant bail.