By Peter John
A Nairobi court has dealt a blow to the Directorate of Criminal Investigations (DCI) after dismissing its application to search the Karen residence of former Cabinet Secretary Raphael Tuju.
In a ruling delivered at the Milimani Law Courts on Wednesday, the judge found that the investigators had failed to provide sufficient legal grounds to justify the search.
The court held that the application did not disclose any specific offence, rendering it legally untenable.
The DCI had sought access to CCTV footage from Tuju’s home as part of investigations into his alleged disappearance between March 21 and 23.
According to police, the footage was critical in verifying the circumstances surrounding the incident.
Tuju had earlier reported that he was being trailed by unknown individuals, prompting him to abandon his vehicle and seek refuge in Kiambu County.
His account, however, was later challenged by forensic investigators, who suggested that he may not have left his residence during the period in question.
The conflicting narratives led to Tuju’s arrest on allegations of providing false information to authorities—a claim he has firmly denied.
Appearing through his legal team, Tuju told the court that a previous police raid on his home had caused significant emotional distress to his family.
He noted that the incident particularly affected his children, with one of his daughters reportedly requiring medical attention following the ordeal.
The court’s decision effectively halts any immediate plans by the DCI to conduct a search at the Karen residence, narrowing the scope of the ongoing investigation.
Legal analysts say the ruling reinforces the requirement for law enforcement agencies to meet strict evidentiary thresholds before obtaining search warrants, particularly in cases involving private residences.
The case comes amid heightened public sensitivity over alleged abductions and politically charged investigations in Kenya, placing added scrutiny on the conduct of security agencies.
While investigations into the matter are expected to continue, Wednesday’s ruling marks a significant legal reprieve for Tuju and raises fresh questions about the handling of the case by investigators.
