Some workers in Meru County have protested against what they say is police harassment over arrests in connection with the murder of political activist and blogger Daniel Muthiani.
Muthiani, also known as Sniper, disappeared under mysterious circumstances on December 2, 2023 and his body was discovered on December 16 in a thicket on the banks of the Mutonga River in Tharaka Nithi County.
A post-mortem examination conducted by Chief Government Pathologist Johansen Oduor at the Marimanti Level Four Hospital mortuary on December 22 revealed that Muthiani had been tortured before being strangled.
Nchamba Mbithi, the county chief of staff, said the manner in which police arrested Kenneth Matiri, a protocol officer in Governor Kawira Mwangaza's office, had instilled fear among workers.
Matiri was picked up by officers from the Directorate of Criminal Investigations (DCI) on Thursday and driven to the Nairobi headquarters on Kiambu Road for questioning.
“We have been seeing posts on social media to the effect the officer would be arrested and it was disturbing to see it happen. Nobody called him to alert him that he was being sought by police,” Mbithi told journalists in Meru.
“We condemn the murder of the young man but the matter has been politicised with arbitrary arrests. If they want to question anybody, including me, they should ask us to report to the police. Let them carry out their investigations without political influence.”
On Wednesday, Director of Public Prosecutions (DPP) Renson Ingonga directed Inspector General of Police Japhet Koome to forward to his office an inquiry file on the murder of Muthiani within seven days.
In a statement, the DPP said the main suspect, Vincent Murithi Kirimi, was arrested and arraigned in court on January 2.
Kirimi was brought before the Kiambu Chief Magistrate's Court on a miscellaneous application seeking his remand for 21 days pending investigations. The court is expected to make a ruling on January 8, while the suspect remains in police custody.
“Upon receipt of the murder inquiry file, the DPP undertakes to review the facts and evidence contained therein in line with the constitution of Kenya, the ODPP Decision to Charge Guidelines of 2019, together with the relevant laws, and issue appropriate directions concerning the matter,” the statement said.
The DPP also ordered prosecutors to withdraw a miscellaneous application filed at the Maua Magistrate's Court on December 18, which resulted in Kirimi being released on Sh20,000 cash bail.
In an application, the DCI wanted to remand Kirimi, alias Supuu wa Mioro, in custody for 14 days to complete investigations into his alleged abduction of Muthiani.
In an affidavit by police officer Anthony Karua, the police said Kirimi was the one who called Muthiani, according to his wife Irene Kawira.
Police argued that the suspect was a flight risk and that if released, he would interfere with witnesses who had not yet recorded statements.
However, Resident Magistrate Chesoni Khanali released Kirimi, saying the prosecution had failed to prove that the suspect was a flight risk and would interfere with investigations.
“The burden of proof seeking to hold the suspect rests on the prosecution and by extension the investigative agencies to give sufficient reasons to warrant the accused not to be released pending the outcome of investigations,” she said.
The magistrate said the application failed to show what effect continued detention of the respondent would have as no charge had been brought before the court for consideration or for the respondent to plead.
“I am inclined to agree with the respondent’s advocate that he is a person of interest who can be compelled to cooperate with the investigations without being held in custody, which he has done and the same has not been denied by the prosecution,” the magistrate said, adding that the suspect had the right to fair trial in line with the Constitution.
Khanali further said while the suspect could be easily traced as he had shown willingness to cooperate with the investigation, the DCI had failed to prove that his continued detention could speed up the processes of the government chemist.
“You have not demonstrated that key witnesses have been threatened by the respondent to warrant his continued detention and as such the application is denied,” she ruled.
The DPP's action came after leaders called for speedy investigations into the murder. Speaking in Nyandarua on Tuesday, the DPP urged the DCI to speed up investigations and bring the killers to book.
His sentiments were echoed by the Leader of Majority in the National Assembly Kimani Ichung'wah, who called on the DCI and DPP to expedite the investigations to ensure those who killed the blogger are arrested and charged in court.
Mr Ichung'wah said the bereaved family is yet to bury their kin as they are still waiting for justice to be served.
He said when President William Ruto was sworn into office, he promised to end political persecution and executions in the country.
Ichung’wah added that the President also promised to ensure that we have a country where the rule of law and justice are the norm and not the exception.
“The DCI and ODPP should ensure those who killed that young man are brought to book," Ichung'wah said.
At the same time, the family of the deceased, led by Mr Francis Mutuma, has expressed dissatisfaction with the investigations saying they are still in the dark regarding their kin's murder.
Mr Mutuma said the family will not bury the deceased until his killers are brought to book, regardless of how long the process takes.
“We will not bury him until we get closure. We know that our son did not disappear, he was called by someone known to the wife. We are left wondering if we will ever get justice,” he said.
