Tuju lawyers in court to block arrest, continued detention

Wiper leader Kalonzo Musyoka in court on behalf of Tuju /LEAH MUKANGAI

Former Cabinet Secretary Raphael Tuju has moved to the High Court seeking anticipatory bail to block his arrest and continued detention by police.

In an urgent application filed at the High Court in Nairobi on Tuesday, Tuju, through his lawyers, is seeking orders to restrain police and other state agencies from arbitrarily summoning, arresting, incarcerating, or interfering with his freedom of movement.

He also wants the court to admit him to anticipatory bail on reasonable terms, citing a deteriorating medical condition and continued police presence at his hospital bed.

The application, filed against the Inspector General of Police (IG), the Directorate of Criminal Investigations (DCI), and the Office of the Director of Public Prosecutions (ODPP), argues that continued police control over Tuju serves no lawful purpose and only worsens his condition.

"That in the event that the firts Applicant(Tuju) is granted bail, he is willing to appear before the court or the police once he is summoned," the former CS states in his documents.

According to court documents, Tuju presented himself at Karen police station on March 23 to record a statement but was detained without being formally charged.

His co-applicant, Louiza Korros, in a supporting affidavit, claimed that while at the police station, Tuju was manhandled and pushed around, aggravating previous injuries sustained in a past airplane and motor vehicle accident.

The affidavit further states that Tuju was later transferred to hospital following deterioration in his health but remains under constant police guard despite not being arraigned in court.

His lawyers argue that the continued police presence at his hospital bed violates his dignity, liberty and right to medical care.

"That unless the aforementioned orders are granted, the 1st Applicant(Tuju) stands to suffer great prejudice," the application states.

They are also seeking orders directing the authorities to cease maintaining any physical presence or guard over Tuju while he undergoes treatment and to allow him to receive medical care.

"That this honourable court be pleased to issue an order directing the respondents, their agents and/or servants, to immediately cease and desist from maintaining any physical presence or guard over the 1st Applicant at his hospital bed and to allow him to receive medical treatment free from unlawful restraint, intimidation or custodial interference," court records show.

The move comes amid plans to charge Tuju at the Kibera Law Courts with giving false information to a person employed in the public service, contrary to Section 129(a) of the Penal Code.

According to a charge sheet shared by his lawyers, the Office of the Director of Public Prosecutions has already approved the charges, paving the way for his arraignment.

The charge alleges that on March 21, at Entim Sidai Spa and Wellness Sanctuary in Karen within Lang’ata subcounty, Tuju informed a police officer attached to Karen Police Station that he had been trailed by unknown assailants and subsequently abducted.

Prosecutors claim the information was false and that Tuju knew it was untrue at the time, intending for it to be acted upon by the officer.

The development comes against the backdrop of Tuju’s recent disappearance, which had sparked concern among his family and the public, with a court case filed seeking to compel security agencies to account for his whereabouts.

He later resurfaced, stating that he had gone into hiding due to fear for his safety, a claim that now forms the basis of the charge that he misled authorities.

In the application, Tuju maintains that he is a law-abiding citizen willing to cooperate with investigators and attend court whenever required, arguing that anticipatory bail is necessary to protect him from what he terms as unlawful arrest and harassment by security agencies.

The High Court is expected to give directions on the urgent application, while the matter before the Kibera High Court will resume on March 25, where the court will issue directions on plea taking.