Tuju taken ill moments before court appearance

Former Cabinet Secretary Raphael Tuju has been rushed to Karen Hospital after his health reportedly deteriorated at Karen Police Station, where he was being held ahead of his court appearance.

Tuju had been expected to appear at Kibera Law Courts to face a charge of giving false information to Chief Inspector Purity Kobia of Karen Police Station.

He is accused of claiming he was being trailed by unknown people.

His lawyers told the court that he was seriously ill. Led by Wiper leader Kalonzo Musyoka, the legal team said Tuju’s condition worsened while in custody.

Addressing Magistrate Stella Atambo, the lawyers accused police of ‘abducting’ the former Rarieda MP outside Karen Police Station.

“We spent the whole afternoon yesterday pleading with officers at Karen Police Station, reinforced by detectives from the Directorate of Criminal Investigations. As senior counsel, I witnessed what I consider an abduction outside the station,” Musyoka said.

“And all we were trying to say was that Raphael Tuju has been a recovering patient following a terrible road accident, but I must thank the investigations officer because he allowed doctors from Karen Hospital to come examine him inside the police cell.”

Musyoka said doctors found Tuju’s blood sugar level had dropped to 1.9, which he described as dangerously low and life-threatening.

He further alleged that the investigating officer had earlier indicated Tuju was not under arrest, but the situation later changed.

Musyoka also claimed some lawyers, including Patrick Lumumba, were denied access to the station. He accused two officers of acting aggressively and forcefully placing Tuju into a vehicle, which he linked to his current condition.

He has urged the court to adjourn the case, arguing that the situation reflected abuse of power in a democratic society.

Lawyer Ndegwa Njiru told the court that police failed to formally record Tuju’s detention at Karen Police Station, despite requests. He also questioned the legality of proceeding with charges in Tuju’s absence.

“The legal propriety of that charge, as we look for the way forward when an accused person was in the custody of the state and is not before you, there cannot be a charge before you,” he argued.

Njiru has asked the court to grant Tuju bail to allow him to receive treatment, while lawyer Edward Oonge proposed that he be released on a free bond.

On the other hand, Senator Maanzo argued that the charge sheet was defective as Tuju allegedly did not give the police officers information that he was trailed or abducted.

Victor Owiti, for the prosecution, said that the court had powers to proceed with the charges even without Tuju.

Magistrate Stella Atambo said that she will decide Tuju’s fate on Wednesday, March 25, becuase she needs time to give comprehensive directions on the case at noon.

“This court has jurisdiction whether or not the accused is present. One of the innovative inclusions of the Constitution, is that the matter can proceed in the absence of an accused person,” he argued.

He confirmed that Tuju was in hospital, taken by the police officers adding that the viability and defects of the charge sheet can only happen in the presence of Tuju.

Owiti said that they do not intend to oppose Tuju being freed on bail proposing that the court allows him be treated and as soon as he is well, he appears before court.