Former Cabinet Secretary Raphael Tuju has filed an urgent application at the High Court in Nairobi seeking anticipatory bail and orders to have police officers withdrawn from his hospital bedside ahead of his intended prosecution over allegations of giving false information.
In a Notice of Motion filed before the Milimani High Court, Tuju is also seeking orders restraining the Inspector General of Police, the Directorate of Criminal Investigations (DCI) and the Director of Public Prosecutions (DPP) from arresting or detaining him in any manner before formal charges are preferred against him.
The application, which is filed under a certificate of urgency, argues that the continued police presence at his hospital bed is unlawful and infringes on his rights to medical care and dignity.
"That this court be pleased to issue an order directing the IG, DCI and DPP, their agents and/or servants, to immediately cease 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...," the court papers state.
Through supporting documents sworn by Louiza Korros, Tuju claims he presented himself at Karen Police Station on March 23, 2026, where he was detained until today without being charged.
“Tuju presented himself at Karen Police Station on March 23, 2026, to record a statement, where he was detained until today, March 23, 2026, without being charged,” the affidavit states.
The application further alleges that Tuju was subjected to rough handling by police officers while in custody, which aggravated his pre-existing spinal condition.
Raphael Tuju's Lawyers (L) Eugene Wamalwa, Dan Maanzo, Ndegwa Njiru, Edward Oonge and Dan Okatch at Kibera Law Courts on March 24, 2026. [Boniface Okendo, Standard]
“While at the police station, the Tuju was manhandled, heavily pushed around, which resulted in him injuring his spine and a few ribs,” the affidavit adds.
Tuju, who is currently admitted at Karen Hospital, is also seeking orders to restrain law enforcement agencies from interfering with his liberty.
The application specifically requests the court to issue an injunction against the Inspector General of Police, the Directorate of Criminal Investigations (DCI), and the Director of Public Prosecutions (DPP).
Among the orders sought, Tuju is asking the court to bar any further attempts to arrest or detain him.
He also wants the court to order that police officers be removed from his hospital bedside.
“That IG, DCI and DPP and all officers subordinate to them be restrained by an order of injunction from arbitrarily summoning, arresting, incarcerating and/or interfering with the 1st Applicant’s freedom of movement in relation to the interactions with the Respondents herein," the affidavit states
He further argues that, given his medical condition, continued police presence is unlawful and harmful.
“In the circumstances, and given his critical medical condition, Tuju is a proper candidate for immediate admission to bond/bail on reasonable terms,” the document reads, adding that ongoing police control serves no lawful purpose.
The application also raises concerns over alleged surveillance before his interaction with police, with claims that Tuju noticed unmarked vehicles trailing him, prompting fears for his safety.
“Out of apprehension and fear for his life, Tuju abandoned his motor vehicle and sought refuge at an unknown, secure location,” the affidavit states.
Tuju contends that there is no lawful basis for keeping him under police guard at a hospital when he has not been formally charged.
He argues that this amounts to a violation of his dignity, liberty, and right to medical care.
The case is pending directions
