KISUMU, Kenya Apr 10 – Three suspects linked to the alleged assault of Senator Godfrey Osotsi will remain in custody for seven days after a Kisumu court partially granted a prosecution request for extended detention to allow completion of investigations.
The suspects were presented before the Kisumu court in connection with an alleged robbery with violence incident reported earlier this week in Kisumu, in which Senator Osotsi is said to have been assaulted.
The prosecution had applied for a 14-day custodial order at Kisumu Central Police Station, arguing that investigators required additional time to conclude what they described as a complex probe.
The State told the court that critical evidence was still being gathered, including recording of witness statements, forensic analysis of mobile phones and review of CCTV footage from the scene.
Prosecutors further informed the court that the complainant, Senator Osotsi, was still hospitalized and had not yet recorded a formal statement.
“The continued detention of the respondents is necessary to enable the conclusion of investigations into a serious offence,” the prosecution submitted, adding that there was a risk of interference with witnesses if the suspects were released.
The defence, led by advocate Ken Omolo, opposed the application, terming it premature and unsupported by sufficient evidence.
Omolo argued that the suspects had not been formally charged and had voluntarily presented themselves to police, dismissing claims that they were a flight risk or likely to interfere with investigations.
He told the court that investigators had not demonstrated that the accused lacked a fixed place of residence or posed any threat to witnesses.
“The police have not demonstrated that the respondents are likely to interfere with witnesses,” he submitted, urging the court to instead release them on bail or bond.
In his ruling, Magistrate Daniel Chumba emphasized constitutional protections on personal liberty, noting that detention without charge must meet a strict legal threshold.
He observed that the prosecution must demonstrate exceptional circumstances and show that continued detention is the least restrictive option available.
The magistrate dismissed part of the prosecution’s argument, stating that an identification parade at this stage was not a compelling reason for continued detention, noting it should have been conducted earlier in the investigation process.
However, the court found merit in the argument that key witnesses had not yet recorded statements and could potentially be interfered with if the suspects were released.
“I take note of the fact that there are other key witnesses who are yet to record statements, and the respondents are likely to interfere with those witnesses,” the magistrate ruled.
While acknowledging the seriousness of the offence, the court declined to grant the 14-day detention period sought by the prosecution.
Instead, Magistrate Chumba ruled that a shorter custodial period was sufficient to allow investigators to complete preliminary inquiries.
“Considering the seriousness of the offence and the stage of the investigations, I am persuaded to grant the applicants time to conclude the investigations,” he said.
He ultimately ordered that the suspects be held at Kisumu Central Police Station for seven days, after which they will be presented before the duty court for further directions.
The suspects are expected back in court on April 17, 2026, as investigations into the alleged assault continue.
Police are expected to finalize witness statements, forensic reviews, and digital evidence analysis before the next hearing.
