The Jomo Kenyatta International Airport (JKIA) Law Courts Friday dismissed an application filed by five suspects seeking to challenge its jurisdiction in a case connected to the murder of Kasipul Member of Parliament Charles Were.
Magistrate Irene Gichobi stated that the suspects are still under investigation, and there is no legal basis preventing the court from handling the Directorate of Criminal Investigations’ (DCI) miscellaneous application.
The DCI was seeking to detain the four individuals for 30 days to allow for further investigations.
The suspects include the MP’s bodyguard, his driver, and a neighbour from his rural home.
“The application by the respondents lacks merit and the same is dismissed,” ruled Magistrate Gichohi.
The suspects had argued that the case should be transferred to either the Milimani or Kibra Law Courts, claiming the alleged offence occurred within those jurisdictions.
However, the magistrate noted that the matter is still in the early investigative stage.
“This court is not trying the accused. It has only been called upon to issue custodial orders,” she said.
With the jurisdictional challenge dismissed, the court will now proceed to hear the DCI’s request for custodial detention.
The suspects include director at the Lake Basin Authority board member Ebel Ochieng alias Dave Calo, the MP’s bodyguard and driver, Allan Ogola Omondi and walter Owino Awino, respectively, Edwin Oduor Odhiambo and Dennis Sewe Manyasi.
The lawyers argued that the correct forum for the application is the Kibera Law Courts, given that the alleged assassination occurred at the Ngong Road roundabout, an area under the Kilimani Police Station, which falls within the Kibera Sub-County.
“We are guided by Section 67 of the Criminal Procedure Code (CPC), which clearly outlines those matters must be filed within the local jurisdiction of where the offence took place,” said Wambui.
“Filing this matter at the JKIA Law Courts smacks of mischief. If not Kibera, the next proper forum is Milimani, not here.”
According to Omari, a court does not get jurisdiction by handling many matters.
He argues that Jurisdiction is conferred by law, not by convenience.”
The defence team also said that the suspects’ rights were at risk if the matter continued at JKIA Law Courts.
“There’s no greater injustice than having a respondent dealt with in a court that lacks jurisdiction,” said Ombeta.
“These respondents are not accused persons yet, but their rights accrue from the moment of arrest.
This court should not entertain this illegality.”
However, the prosecuting counsel Evelyn Onunga, told Gichobi the court is well within its mandate to hear the application.
“This is not a trial, this is an application for detention orders. Jurisdiction becomes critical only when a suspect is formally charged,” argued Onunga.
“Under Section 36A(1) of the CPC, suspects must be presented in court within 24 hours, and police are permitted to bring them to the nearest available court.”
The prosecution further argued that multiple arrests were anticipated.
“Nothing bars the police from arraigning suspects at a convenient court during investigations.
When the prosecution will make a decision to charge, the jurisdiction will be the high court which has unlimited jurisdiction,” said Onunga.
A lawyer representing the victim’s family backed the DPP’s application be heard.
“I support the DPP. Section 67 of the CPC does not apply at this stage because these individuals are respondents, not accused persons,” said Apollo Mboya.
“Sending them back with the police could result in violations of their constitutional rights under the 24-hour rule.”
Omari argued that “an attempt for the court
The Police want to detain the suspects for further 30 working days to analyze CCTV footage, retrieve phone records, interview key witnesses, and conduct forensic tests
They say the suspects were in communication before, during, and after the crime, and were near the scene.
Firearms and items matching witness descriptions were also recovered.
The police say more time is needed to complete investigations and possibly lay murder charges.
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