Awarrant of arrest has been issued by the court against Kevin Kang’ethe- a criminal fugitive who escaped from police custody on February7, 2024.
Kang’ethe was supposed to appear before court today with regards for the defense lawyers to do their submission applying for his release on bail after the court earlier issued the lead Investigator 30 days to hold him at Muthaiga Police station.
The prosecution team led by Vincent Monda told the Milimani chief magistrate Lucas Onyina that the fugitive criminal escaped from police custody on Wednesday and is yet to be arrested.
He told the court that it is officially confirmed by Muthaiga Police Station OCS that the fugitive is not in his custody and they have not managed to re-arrest him.
Monda presented an affidavit that was sworn on February 8, 2024, by corporal Patrick Wachira confirming the escape of the fugitive from lawful custody at around 4:00 PM where he was locked waiting for extradition orders by the court.
He pleaded the court to release a warrant of his arrest while the matter now has been directed to the Homicide division of the DCI to commence his manhunt.
Monda further convinced the court that the proceedings on the matter cannot continue without the criminal who is the subject,
“Your honor the matter cannot proceed today without the criminal who is the subject matter and on behalf of the DPP I urge the court to release a warrant of his arrest,” pleaded Mr. Monda.
He also added that they have already served the defense with the affidavit which was filed on February 8, 2024, and they have not received the response,
“We have served the defense with the affidavit and we have not received their response,” he said.
The defense team which is composed with three lawyers challenged the prosecution by what they said not have come to terms with how a criminal can easily escape from a lawful custody,
“Your honor the last time I saw Kang’ethe was held at Muthaiga Police Station and from the annexure before this court indicates that the prisoner is supposed to be treated as a criminal:So we do not understand the circumstances under which he escaped,” said Ahmed Mohammed.
Mohammed told the court that when they visited him at Muthaiga Police Station on Friday last week every moment they had with him was a police officer with them,
“We never interacted with our client any moment without a police officer and that is the reason why we are having doubts on how he escaped from lawful custody,” he added.
The prosecution objected the assertions and told the defense to file an affidavit of the same before court rather than using mere words,
“Your honor I object to those assertions by the defense and I request them to file an affidavit of the same since the Investigations are, ” pleaded Mr. Monda.
The defense affirmed that they want clear evidence from the police under which their client escaped from police custody.
In response, the prosecution told the court that the Investigations being carried on is lying on the offense of aiding a prisoner to escape which is not yet concluded.
The prosecution requested the matter to be mentioned in a week’s time to see whether the fugitive will be re-arrested.
Kang’ethe was arrested on a warrant issued by a United States of American court with allegations to have killed his girlfriend Margaret Mbitu on diverse dates between October 30 and November 4, 2023.
He is said to have escaped from the US and hid in the country in order to escape the law after the alleged crime.
In determining the matter, the presiding magistrate released a warrant of arrest against the Kang’ethe and directed the matter be mentioned on Monday 19, 2024 for further directions.