Habeas Corpus Application Filed for Man Linked to Kasipul MP Murder
Omari seeks to have his client be released immediately and unconditionally from what he says is unlawful and illegal detention pending the hearing and determination of the application.
A team of lawyers has filed a habeas corpus application against Philip Nahashon Aroko who is linked in the murder of Kasipul Member of Parliament Charles On’gondo Were to be produced in court.
In the application filed under a certificate of urgency before the Milimani High Court Criminal Division, lawyer Danstan Omari seeks to have the Directorate of Criminal Investigations (DCI) and the Inspector General of Police Douglas Kanja produce Aroko in any court immediately.
“Pending the hearing and determination of this application, this Honourable Court be pleased to direct the DCI and the IG either singularly or jointly with the Attorney General (AG) and the Director of Public Prosecution (DPP) to immediately and unconditionally present the applicant (Philip Aroko) before this court to be dealt with according to law,” part of the petition read.
Further, lawyer Omari seeks to have his client be released immediately and unconditionally from what he says is unlawful and illegal detention pending the hearing and determination of the application.
In his affidavit to support the petition, Omari states that his client denies any involvement in the tragic murder of the Kasipul MP and has no relevant information regarding the same.
He also states that his client is willing and available to assist the investigative authorities in any lawful manner, including the provision of statements, attendance for interviews, or any other reasonable inquiry.
According to the court papers, Aroko, who is currently detained at Gigiri Police Station was expected to be arraigned at Jomo Kenyatta International Airport (JKIA) Law courts at 9:00 am, but the lawyers say he is yet to be produced in court.
Omari also reveals that the authorities, Aroko’s family, and associates have been barred from accessing him or securing his release on police bond citing frustrations from the authorities.
“Since his detention, attempts by his counsel, family members, and associates to access him or secure his release on police bond have been actively frustrated, further reinforcing the legitimate fear that the respondents (DCI, IG, AG and DPP) intend to protract his detention beyond constitutionally permissible limits,” the lawyer stated.
He also argues that his client is entitled to be treated by the Constitution, particularly Article 49(1) (f), which demands that any person arrested be presented before a court of law within 24 hours.
