By Andrew Kariuki
The Milimani Magistrate’s Court has struck out an application seeking search warrants against former Cabinet Secretary Raphael Tuju, citing insufficient grounds to justify the request.
The agency had sought a warrant in a bid to extract CCTV footage as part of ongoing investigations into alleged false information.
In a ruling delivered under case number MCCRMISC/E1359/2026, the court found that investigators had failed to establish a proper basis for searching Tuju’s residence in connection with an alleged false report.
The application had been filed under Section 118 of the Criminal Procedure Code, which allows courts to issue search warrants where there is reasonable suspicion that evidence related to an offence may be found at a specified location.
However, the court noted that the investigation was anchored on a suspected false report recorded under Occurrence Book (OB) number 17/22/03/2026, which had been lodged by an individual other than Tuju.
Although investigators informed the court of a separate alleged false report said to have been made by Tuju, the magistrate found that the application lacked sufficient details to support the claim.
“As it stands, on a balance of probabilities, the application does not disclose an offence to be investigated on the part of the respondent,” the court ruled.
The magistrate further observed that the offence of giving false information to a person employed in public service, contrary to Section 129(a) of the Penal Code, had not been adequately demonstrated against Tuju.
In the circumstances, the court held that granting the orders sought would not serve the interests of justice.
The application was consequently struck out, marking a setback for investigators pursuing the matter.
