Court opposed to ‘inordinate detention’ of Muchai suspects

March 10, 2015 4:52 pm
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Senior Assistant Director of Public Prosecutions Aloise Kemo had applied to have the suspects detained for a further 21 days/MIKE KARIUKI
Senior Assistant Director of Public Prosecutions Aloise Kemo had applied to have the suspects detained for a further 21 days/MIKE KARIUKI
NAIROBI, Kenya, Mar 10 – The prosecution in the case against seven suspects held over the shooting of the late Kabete MP George Muchai has been given until Friday to make up its mind on the way forward.

Principal Magistrate Joseph Karanja on Tuesday denied the State’s application to detain the seven for a further 21 days granting them until Friday to make a case as to why Erick Isabwa alias Chairman, Raphael Kimani alias Butcher, Mustafa Kimani alias Musto, Stephen Lipapo alias Chokori, Jane Kimani, Margaret Njeri and Simon Wambugo should not be released on reasonable bail terms as is their constitutional right.

“The said respondents have been detained for periods ranging from 25 to 30 days. While I appreciate the seriousness and significance of this matter, I fear that we are now heading towards a period of time that may be considered inordinate for completion of investigation,” he adjudged.

Senior Assistant Director of Public Prosecutions Aloise Kemo had applied to have the suspects detained for a further 21 days in order to allow the police to obtain blood samples from Isabwa, Raphael, Mustafa and Lipapo and to analyse the phone data of about 10 individuals.

But the suspects opposed this application saying any investigations that needed to have been done should have been concluded within the 14 days they had already been detained without charge and without bond.

“All we’ve been doing for the past two weeks is being beaten, transferred from police station to police station and sleep on cement floors. The investigators haven’t interrogated us any further,” Kimani told the court.

They all relayed to the court incidents of torture they had allegedly already undergone at the hands of the police.

“When we were taken to Mathare, I had my breasts and private parts squeezed,” Jane submitted.

Kemo however opposed their applications for release saying some of them had been before the Kibera Law Courts in 2009 on charges of robbery.

“And look they’re already back in court and for a more grievous crime,” he argued.

READ: Kabete MP Muchai, 2 bodyguards and driver shot dead

In light of their allegations of torture, Karanja directed that all seven suspects undergo medical examinations and that the chain of custody should not be broken once blood samples are drawn from four of the suspects for comparison to the blood evidence collected from the scene of Muchai’s murder.

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