A Nairobi court has ordered that Mr Kevin Kang'ethe, a fugitive who is wanted in the US to face murder charges of his former girlfriend, be remanded in prison custody until extradition proceedings are heard and determined.
Milimani Chief Magistrate Lucas Onyina allowed the application made by the DPP to remand Mr Kang'ethe at the high security remand home since circumstances under which he escaped from police custody, have not been explained.
"The DPP's application to remand Mr Kang'ethe in prison has merit as the police who had been allowed to keep him are subject of investigation to establish how he managed to escape from Muthaiga Police Station," Mr Onyina ruled.
The magistrate said the DPP's fears that the suspect will abscond court session if kept in police custody, are well founded.
He dismissed contestations by defense lawyers Antony Kago and David Muthama who maintained that he be detained at Muthaiga Police Station as it had been ruled by the court earlier, or that he be detained in any other police station within the country.
Mr Muthama also told the court that Mr Kang'ethe is an aeronautical engineer at Boston International Airport, Massachusetts.
The DPP had urged Mr Onyina to consider the fact that the suspect had escaped from Muthaiga Police Station eight days ago.
Mr Vincent Monda who led the prosecution team, requested the magistrate to grant the DPP's request because of the character exhibited by Mr Kang'ethe who slipped through the security details at Muthaiga Police station unnoticed.
Mr Monda urged the magistrate to grant the DPP's plea since the remand prison is safer, compared to police custody, to keep the respondent pending the extradition proceedings.
Mr Monda said Mr Kang'ethe was arrested at his hide-out in Ngong yesterday at around 4am following concerted efforts by crime detectives and police sleuths.
"I urge this court to make an order that Mr Kang'ethe be detained at the Industrial Area Medium remand prison to secure his attendance in court," urged Mr Monda.
Teaming up with state prosecutors--Ms Magdalene Nduati and Ms Nancy Kerubo--Mr Monda told the court that court attendance of the subject fugitive is paramount.
Mr Monda urged the court to direct that while the respondent is in custody, he be allowed to be seen by his relatives, lawyers, and a government doctor if the need arises.
He also said that the DPP is alive to the fact that Mr Kang'ethe is entitled to fundamental and constitutional rights for legal and health access.
The DPP further sought orders for identifying the lawyers who will be allowed to access Mr Kang'ethe while in prison custody whatever their number.
He also requested the visitations to Mr Kang'ethe by either relatives or his lawyers, be in made the company of the lead investigating officer Patrick Wachira.
"The presence of the investigating officer does not amount to the violation of one's rights to privacy, but is to ensure the visitations are monitored by the security detectives to avoid a repeat of unlawful escape," requested the DPP.
However, defense lawyers Antony Kago and David Muthama vehemently opposed the request by the DPP that their client be detained at the Industrial Area Medium remand prison, saying it amounts to an amendment of the initial court order to detain him at Muthaiga Police Station for a period of 30 days.
"To detain Mr Kang'ethe at the prison remand is a violation of his rights since he has not been charged with any known offence in law," argued Mr Kago.
The lawyer added what is pending before court is "a nation to nation request that is yet to be acceded to."
The DPP on January 31, 2024, applied to have Mr Kang'ethe be detained at Muthaiga Police Station for 30 days as he prepares extradition proceedings to hand over the fugitive to the US authorities to face murder charges for the heinous and gruesome killing of his former girlfriend, Margaret Mbitu, on October 31, 2023, and concealed her body in his car between October 31 and November 4, 2023.
