A businessman accused of kidnapping his ex-wife will cool his heels in a police cell while investigations are completed.
Milimani Chief Magistrate Bernard Ochoi refused to allow police to detain Abdallah Mohammed Gullei for seven days and instead gave them three days to complete their investigations into the matter.
Mr Ochoi agreed with defence lawyers that seven days was a long time and the nature of the investigation was not complex.
However, the magistrate said the wheels of justice must move in the right direction.
In her application for Gullei's arrest, police officer Carolyne Mutiso told the magistrate that the complainant had been abducted and taken to Maua.
Mr Ochoi heard that Ms Shankara Adan Hassan "was rescued from a lonely house in Maua where she had been locked up by Abdullahu Mohammed Gullei". The magistrate heard that the efforts of a multi-agency team of DCI officers from Nairobi and Meru counties bore fruit on 14 October.
The officers had also raised alarm at all border points following information about the abduction that took place on Likoni Road, Nairobi on October 12, 2023.
Senior Sergeant Carolyne Mutiso urged the court to remand Gullei in custody for seven days, telling Mr Ochoi that "she needs to establish the nationality of the suspect".
Mutiso said, "The police suspect that Gullei is a foreigner. We need to find out his status from the Immigration and National Registration Department."
The detective, who is attached to the Directorate of Criminal Investigations (DCI) Serious Crimes Unit, also said she needed to establish the nature of the suspect's business in Maua.
On the night Shankara was abducted, she had boarded a taxi and when they reached Likoni Road, an unmarked car with three occupants blocked their way.
"A man in a police uniform ordered Shankara to get out of the taxi and get into the unmarked car," police said. Mutiso said the unmarked car drove off and disappeared.
The taxi driver made a report at Shauri Moyo police station, which was then referred to the Industrial Area police station as the incident occurred within its jurisdiction (Industrial Area).
The court heard that the combined efforts of a multi-agency team bore fruit on Saturday when "the complainant was rescued from an isolated house in Maua. She was taken to hospital where she was examined and treated for trauma".
Mutiso asked for seven days to allow her to complete investigations, which include conducting an identification parade. "I urge this court to allow me to complete the investigations," SSG Mutiso pleaded.
But her request was strongly opposed by two defence lawyer who said the police's plea was hollow because the complainant was the suspect's wife.
The lawyer said: "It is a mystery for the police to claim that Mr Gullei abducted his own wife. It is shocking and unbelievable".
The lawyers asked the court to release the suspect on bail as "no compelling reasons have been adduced by the prosecution to warrant the police application".
The lawyer told the court that the suspect is a businessman based in Maua Meru and has a national identity card issued to him by the Kenyan government.
"I urge the court to release the accused on bail and his rights should not be violated because of his name," the lawyer said.
In a rebuttal, State Prosecutor James Gachoka told the magistrate that the defence lawyers had not provided the court with a marriage certificate to prove that Shankara was Gullei's legal wife.
He added that the lawyers had not produced the suspect's national identity card to support their claims that the accused was a Kenyan.
"Assertions made by the defence lawyers from the bar are not evidence and I urge the court to remand the suspect in custody for seven days to assist the police in their investigations," Mr Gachoka submitted.
He added that the issues raised by the police in their remand application amounted to compelling reasons.
"The issues raised by myself and Mutiso are in our favour, allow the police to detain Gullei for seven days," Mr Gachoka urged.
The accused was remanded in custody until October 19, 2023 when further orders will be mentioned.
