By Andrew Kariuki
Former Cabinet Secretary Raphael Tuju will remain under police custody as The Kibera Law Court considers whether it has jurisdiction to hear a case in which he is accused of giving false information to a public officer.
The matter came up on Tuesday but Tuju was not produced in court, with the prosecution informing the court that he had been taken to Karen Hospital for medical attention.
His legal team urged the court to defer the proceedings and grant him a free bond, citing his health condition. Lawyer Edward Oonge told the court that Tuju requires time to recover and assured that he would attend court when required.
According to the charge sheet, Tuju is accused of giving false information to a person employed in public service, contrary to Section 129(a) of the Penal Code. The charge alleges that on March 21, 2026, at Entim Sidai Spa & Wellness Sanctuary in Karen, within Lang’ata Sub-County, he informed Karen Police Station OCS CI Purity Kobia that he had been trailed by unknown assailants and later abducted—information authorities claim he knew to be false.
However, defence lawyer Dan Maanzo challenged the charge, arguing that it is defective and lacks a proper legal foundation. He also told the court that Tuju suffers from a recurring spine injury, further justifying the request for adjournment.
State prosecutor J. V. Owiti opposed the application for bond in Tuju’s absence, maintaining that the court has jurisdiction to hear the matter. He argued that a case can proceed even without the accused being physically present, provided the charge is properly framed with sufficient particulars.
Owiti further submitted that Tuju remains in lawful custody under police records and dismissed claims of mistreatment, stating there was no evidence of torture or inhumane treatment. He urged the court to allow Tuju to receive medical care and return to court to take plea once his condition stabilizes.
The prosecution also sought clarity on Tuju’s custodial status and whether he would continue receiving treatment without interference.
Chief Magistrate Stella Atambo directed that Tuju be accorded comprehensive medical attention and said the court would await a medical report before proceeding.
“I will deliver my ruling tomorrow at 12 p.m. Let Tuju be given comprehensive medical treatment,” she said.
The case has been scheduled for ruling on Wednesday, March 25, when the court is expected to determine the way forward, including the issue of jurisdiction and Tuju’s anticipated plea.
