Lawyers want politician Aroko produced in court as probe into MP Were's murder continues

Lawyers representing politician Philip Nahashon Aroko, a suspect in the brutal killing of Kasipul MP Charles Were, have asked the court to compel the police to either produce him in court or release him unconditionally, citing arbitrary and unlawful detention.

Lawyer Danstan Omari argued that Aroko’s constitutional rights had been grossly violated since his arrest in connection with the MP’s murder.

“Under what provisions is he being held in custody and not being presented before the court? The court has no territorial jurisdiction to entertain the case... This is a matter of national public interest. The two applications are very fundamental in this matter,” Omari told the court.

However, the prosecution informed the court that Aroko had been booked at Kasarani Police Station at 12:18 am, and that 24 hours had not yet elapsed since his detention.

JKIA Principal Magistrate Irene Gichobi dismissed the defence application, terming it premature.

Meanwhile, Omari has also urged the court to recuse itself from handling the case involving five suspects arraigned in connection with the fatal shooting of Were, citing a lack of jurisdiction based on the location of the alleged crime.

The suspects include the late MP’s bodyguard Allan Omondi Ogolla, his driver Walter Owino, Lake Basin Authority director Ebel Ochieng, and two others — Edwin Oduor and Dennis Sewe.

In their submissions, the defence insisted that the first respondent, Ebel Ochieng alias Dave Colo, a presidential appointee and director at the Lake Basin Authority based in Kisumu, was arrested outside Nairobi.

“Your Honour, the first respondent is the UDA county coordinator in Homa Bay and was arrested in Kisumu, which is not within the jurisdiction of this court in Nairobi. Let the Judiciary not be drawn into politics,” Omari argued.

Omari and fellow defence counsel have asked that the case be transferred to either the Milimani Law Courts or the Kibera Law Courts, which they say have proper jurisdiction.

The prosecution opposed the request, arguing that the application was also premature since the individuals before the court were still suspects and had not yet been formally charged. Under the law, suspects can be presented before any court prior to being charged.

In the miscellaneous application before the court, police are seeking 30 days to complete investigations into the five suspects.

The court will make a ruling on Friday on whether it will recuse itself from the matter for lack of jurisdiction.

Other Topics To Read

• National
• Murder
• Danstan Omari
• Kasipul MP Charles Were
• Philip Nahashon Aroko
• Lawyers want politician Aroko produced in court as probe into MP Were's murder continues
• Headlines