MP Were murder case: Politician Aroko re-arrested after High Court overturns bail ruling
The court observed that the lower court ought to have allowed the police reasonable time to finalise investigations before releasing the respondent on bail.
Homabay politician Philip Aroko and a key suspect in the murder of Kasipul MP Charles Ong'ondo Were, was on Monday re-arrested after the High Court cancelled his bail.
High Court judge Diana Kavedza set aside the JKIA's principal magistrate Irene Gichobi's decision that granted Aroko seven days' detention and a cash bail of Sh300,000 pending investigations.
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The court observed that the lower court ought to have allowed the police reasonable time to finalise investigations before releasing the respondent on bail.
Furthermore, the applicant's prayer for a limited restriction of the respondent's liberty for a further period of seven days was not only reasonable but proportionate, having regard to the nature and scope of the investigations.
The judge said, such a brief deprivation of liberty would have enabled the investigating authorities to conclude the requisite inquiries without unduly prejudicing Aroko's constitutional rights.
"The upshot is that the application is found to be merited and the orders issued on May 16, 2025, by the Chief Magistrate's Court at JKIA admitting him to cash bail are hereby set aside. The respondent, Phillip Nahashon Aroko, shall remain in lawful custody at Kileleshwa Police Station for a further period of seven days to allow the applicant to finalise investigations," she ruled.
On May 9, 2025, Aroko was arraigned before the JKIA court and was detained for seven days. The police had requested the court to allow them to detain him for 30 days.
On May 16, 2025, the suspect was again arraigned before the same court under the same matter. The DCI sought a further extension of custodial orders for an additional seven days, but the court declined the application and instead released him on a cash bail of Sh300,000.
Dissatisfied with the said ruling, the prosecution, by a letter dated May 16, 2025, invoked the court's revisionary jurisdiction under section 362 as read with section 364 of the Criminal Procedure Code.
The prosecution is seeking to 0have the order granting the respondent cash bail set aside and prays that the respondent be remanded in custody pending the conclusion of investigations.
They contend that continued detention is necessary to safeguard the integrity of the ongoing investigations and to prevent interference with potential witnesses or evidence.
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