David Machiri Kimani was arrested on August 4, 2024, and brought in court under miscellaneous application where police Inspector Boniface Mwangi who is attached to the Banking Fraud Unit pleaded with the court to be granted 21 days to hold him that he could conclude Investigations and prefer charges against him.
The court denied Mwangi the detention plea and proceeded to release the suspect on bond of Sh 500,000 with conditions that he produce his travel documents in court.
He was further required to report twice a week to the DCI officer who was Investigating the matter.
The court proceeded to give a mention date on Thursday, August 15, 2024, to confirm compliance.
However, Kimani did not appear in court but his lawyers led by Ndegwa Njiru and Alex Gatundu appeared in court to represent him.
While addressing the Milimani senior resident magistrate Geoffrey Onsarigo, Njiru submitted urging the court to release an order of herbeous corpus claiming the suspect was abducted by police,
“Your honor my client is not present in court today as scheduled since he was abducted by police officers despite this honourable court releasing him on bond. I urge this court to give orders for the body of the suspect be brought before this court,” Njiru submitted.
Njiru told the court that after the arrest of the suspect, police abducted his father on the same and was taken to Kenol, then blindfolded to another unknown place a journey which took about one hour.
After the abduction, the wife of the suspect’s father made a report of a missing person at Kikuyu Police Station via OB No. 052/8/2024 and nothing was done.
According to the lawyer, he was released on August 6, 2024, after two days of torture where he narrated the ordeal to the lawyer of what transpired after the abduction,
“Your honor the police abducted the father to the suspect and held him in communicado where he was subjected to torture and intimidation to give the information he don’t know,” the lawyer told the court.
Ndegwa described to the court how his father was tortured and traumatized by police officers while tied his hands at the back, put a metallic tin in his head and shot it with the purpose of intimidation.
He described to the lawyer the pain that was inflicted before he was released and required to answer questions about the offence he never committed.
Njiru urged the court to sermon Inspector General of Police to come before the court and explain where the suspect is since he is denied his right to access by his lawyers and his family,
“Your honor I beseech this court to sermon the Inspector General of Police to appear before you and explain why they have abducted the suspect knowing that he was supposed to appear in court today. You released the suspect on bond and the police contempt the orders of this court,” Njiru pleaded.
According to the Investigating officer police Inspector Boniface Mwangi, he told the court that since the release of the suspect on bond he appeared to him on two occasions and he has never seen him again.
In response, the state prosecutor told the court that the purpose of the mention was to confirm the progression of the matter but the suspect absconded the court.
He disagreed with the claims by the defence that the suspect is being held by police officers citing that they have not produced any proof to their claim,
“You honor the claims by the defence that the suspect is being held by police are just mere allegations since no prove provided before this court to support the same. No OB number produced before this court supporting abduction of the father,” he submitted.
The prosecutor prayed to the court to release a warrant of arrest to the suspect since he had absconded.
Kimani is allegedly investigated for the offences of money laundering and stealing which is against the law.
He is suspected of having fraudulently debited Sh 1,545,887140.49 leading to economic sabotage of Equity Bank of Kenya Limited.