The High Court has given the Office of the Director of Public Prosecutions (ODPP) seven days to respond in a case where Lake Basin Development Authority (LBDA) Director Ebel Ochieng—popularly known as Dave Calo—is challenging his controversial arraignment at the Jomo Kenyatta International Airport (JKIA) Law Court.
During a court session on Tuesday morning, Justice James Wakiaga issued the directive after Ochieng protested the Directorate of Criminal Investigations’ (DCI) decision to bring him before the JKIA court through a miscellaneous application. Ochieng’ argued that investigators bypassed normal judicial channels, raising questions about due process.
Authorities had arraigned and detained Ochieng’ at the JKIA court in connection with the high-profile murder of Kasipul Member of Parliament Charles Ong’ondo Were.
However, Justice Wakiaga openly questioned why the DCI sidestepped the Kibera and Milimani Law Courts, which typically handle such serious criminal cases.
In defense, State Prosecutor Irene Gichuhi told the court that officials selected JKIA because of its tighter security protocols. She cited concerns over possible public unrest or threats at other courts, saying the nature of the case—linked to organized crime and national security—required a venue with enhanced safety measures.
Gichuhi insisted that the JKIA court was fully equipped to manage complex, high-risk cases like Ochieng’s.
Justice Wakiaga maintained his order for the ODPP to file its written submissions within a week. He scheduled the next hearing for May 28, 2025, when the court will decide whether the arraignment process followed legal procedure.
