Murder Fugitive Suspect Kevin Kang’ethe Claims his Detention Unlawful

Kelvin Kang’ethe now say his continued detention in custody is unlawful.

The lawyer said that, according to the miscellaneous application filed before the court on January 29, 2024 before the Milimani Principal Magistrate Zainabu Abdul, the lead Investigator sought to detain the suspect for 30 days at Muthaiga Police Station.

The court went on and granted the orders as sought by Investigation team to detain Kang’ethe at Muthaiga Police Station for 30 days which lapsed on February 29, 2024.

Mr Ndegwa said that the prosecution did not sought extension orders after the time requested lapsed and failure to that it has led his client to continue staying in custody,

“Your honor the orders sought by the lead Investigator was to hold my client at Muthaiga Police Station for 30 days and the court ordered the same,” said Mr Ndegwa.

The lawyer also sought directions from the court regarding his detention at Industrial Area Maximum Prison whilst the court  directed him be remanded in medium facility.

He also added that his client is treated as a convict in the matter since throughout day and night he is being held in hand cuffs even whenever he is doing his daily routines within the facility.

Mr Ndegwa requested the court to give him 21 days to respond to the prosecution regarding the documents supplied to his client,

“You honor I came on record to the suspect this morning and I was not able to go through the documents so that I can respond to the same,” he pleaded.

He further requested the court to be allowed the access of his client whenever he want and to his file in order to make proper responses.

In responding to the defence, the DPP led by Magdalene Nduati told the court that the misconduct of Kang’ethe led them file an affidavit before court seeking orders the suspect be held at Industrial Area Remand prison where security is enhanced,

“Your honor due to the suspect’s conduct of escaping from Muthaiga Police Station, we filed an affidavit before this court requesting him be detained at Industrial Area Medium Prison until the matter regarding his bond and extradition is determined,” said Ms Nduati.

She insisted that Kang’ethe is held at Industrial Area Remand prison persuant to courts directions.

Ms Nduati told the court that they have no problem with his lawyer be allowed to access to speak with his client and access to the file provided he is now on record for the suspect because it is his constitutional rights.

Regarding the 21 days sought by the defense lawyer to go through the documents in the file before filing a response she claims the days are too many considering there are other affidavits to be filed regarding his release on bond and another for extradition which are still pending,

“Your honor for the period of 21 days sought by the defense, I consider them to be too many for the lawyer to go through the file and respond on the same,” she said.

Kang’ethe was arrested on a warrant issued by a United States of America court with allegations of killing his girlfriend Margaret Mbitu on diverse dates between October 30 and November 4,2023.

He is said to have escaped from US and take hiding in the country in trial of escaping the law after the alleged crime.

In his brief ruling, the presiding magistrate Lucas Onyina considered the submissions by both parties and granted the defence lawyer 21 days to go through the file and respond,

“I has considered the submissions by the defence and the prosecution and I consider to give the defence lawyer days sought to peruse the file and file the response considering he has come on record this morning,” said Mr Onyina.

The magistrate also gave orders for the lawyer to be allowed to access the file and to the suspect whenever he need to do so.

The prosecution were  directed to furnish the defence with necessary documents and ordered the response be filed within the said days.

Regarding the release of the suspect, the magistrate said the court cannot make any order to release him before the issue of bail and bond is determined and directed the suspect to remain in Industrial Area Remand prison.

The matter was scheduled for mention on April 4, 2024, to confirm filing of the response by the defence.