The Court Gives Permission to Remand Military Officers for 10 Days in a Theft Case

Tensions increased in court as the police got 10 days to detain six suspects linked to a robbery at their boss’s residence
Questions about the places where they were arrested and the involvement of the military sparked a heated debate between the prosecution and the defense
Magistrate Paul Mutahi granted a partial stay, leaving investigators to continue their work before the case resumes on April 7

The Milimani Court has given the police ten days to detain six suspects linked to a case of armed robbery that targeted the residence of a senior army officer, Major General John Okumu.

Six suspects allegedly involved in the Kitengela robbery that failed to target a senior army officer were brought to court. Photo: Zipporah Weru.
Source: Original

The decision followed intense discussions between the prosecution and the defense regarding the legitimacy and basis for continued detention.

While appearing before chief justice Paul Mutahi, the government, through the Directorate of Criminal Investigation (DCI), requested 14 days to detain the accused at the Capitol Hill Police Station to complete investigations into the alleged theft involving a suspected AK-47.

Why did the defense object to the suspects being detained for 14 days?

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The DCI investigators found and arrested the KDF officers committing robbery in Kitengela

However, the request was strongly opposed by Mr. Oyunge, representing the fifth defendant, who raised concerns about the discrepancy in the prosecution’s statement.

He said that the police initially said that the suspects were arrested in Kitengela near the complainant’s residence, but later that story changed to being arrested inside the residence itself.

The defense further questioned why the suspects were not charged in the Kajiado Law Courts as expected, hinting at the possibility of outside influence from higher authorities.

Oyunge also said that two of the defendants are military officers who should be tried in a military court instead of civil cases, stressing that the civilian defendant had a minor role and should be released on police bail.

He criticized the prosecution for failing to arrest other alleged suspects within the existing time frame and called the 14-day request excessive and groundless.

Kajiado prevented the roberry suspects from being detained for 10 days.

In response, the prosecution emphasized that the suspects had recently been arrested and that key aspects of the investigation, including establishing their residence and recovering the alleged firearm, were still ongoing.