Two casual labourers arrested outside the residence of SAFINA Party leader Jimmy Wanjigi allegedly with four hand grenades have been detained in police custody for seven days for interrogation ahead of prosecution.
However, in a dramatic turn of events Wanjigi through his lawyer Willis Otieno told Milimani chief magistrate Bernard Ochoi that the owners of the grenades had been made public.
He claimed in court that the grenades were planted by police officers who were captured on CCTV cameras at Wanjigi’s premises planting the said explosives in the motor vehicle from where the suspects were arrested,
“The acting Inspector General of Police Gilbert Masengeli disclosed in a press conference that they recovered the grenades from the house of Wanjigi. The grenades were not in possession of these two innocent casual labourers,” submitted Otieno.
The lawyer said that the police are contradicting themselves since the acting Inspector General said openly that the explosives were recovered from Wanjigi’s house.
He added that Wanjigi has made further in the High Court the owners of the grenades and other communication gadgets recovered from the vehicle parked outside his residence.
While urging the court to review the order to detain Dancun Otieno and Calvin Odongo for seven days, he said the subject matter of the detention has been resolved.
He said the two suspects had been caught in the crossfire between the state and Wanjigi,
“Let the Giants fight and free the innocent,” Otieno said.
The lawyer told the court that the owners of the grenades had been made public and this court should take judicial notice that the suspects were innocent and should be freed.
Otieno further said that Justice Bahati Mwamuye on August 9, 2024, restrained police from arresting and prosecuting Wanjigi over the said explosives.
State prosecutors James Gachoka and Herbert Sonye vehemently opposed the application for review of the ruling ordering the suspects to be detained for seven days saying a formal application should be filed challenging the decision.
Gachoka said Wanjigi should file an affidavit articulating the ownership of the grenades instead of making averments from the bar.
Sonye added that they had been ambushed and the defence should make a formal application if they want the court varied.
However, Otieno said that the DPP, Attorney General and the DCI are aware and have been served with the evidence.
Otieno and Odongo were arrested on Thursday last week by a contingent of police officers who allegedly trailed Mr Wanjigi from the Central Business District (CBD) during the Nane Nane demonstrations up to his Muthaiga residence.
The prosecution told the court that the duo were arrested on August 8, 2024, from a vehicle, Toyota Prado registration number KDC 883R from where the alleged grenades were recovered.
The vehicle was intercepted outside House Number 40 of Wanjigi along Muthaiga Road within Muthaiga Estate, Nairobi.
The driver of the said vehicle managed to escape.
Police camped outside the house of Wanjigi but did not manage to arrest him.
Lead investigator Police Constable Andrew Njagi urged the court to allow the police request to have the two be detained for 30 days to enable him and a multi-agency team of officers to complete investigations.
The magistrate ordered the two suspects to be detained at Muthaiga Police Station.
The magistrate will deliver the ruling on whether to vacate his orders or not today.