Former Cabinet Secretary Raphael Tuju has moved to the High Court seeking to block his arrest and detention.
In an urgent application filed in Nairobi, Tuju accuses the Inspector-General of Police, the Directorate of Criminal Investigations and the Office of the Director of Public Prosecutions of attempting to arbitrarily arrest and detain him without formal charges.
According to court documents, Tuju is currently admitted to Karen Hospital where he remains under police guard.
Through an affidavit sworn by co-applicant Louiza Korros, the former CS claims he voluntarily presented himself at Karen Police Station on March 23 to record a statement but was detained overnight and allegedly manhandled by officers, worsening pre-existing injuries.
Video shows Tuju groaning in pain, his lawyers allege he was manhandled by police
The application also alleges that Tuju had earlier reported being followed by suspicious unmarked vehicles, prompting him to briefly abandon his vehicle and seek refuge at an undisclosed location.
Tuju now wants the court to grant him to anticipatory bail pending any formal charges, restrain police from arresting or interfering with his movement and compel authorities to withdraw officers stationed at his hospital bedside.
Through his lawyer Gregory Odhiambo Ndege, he argues that his continued confinement under police watch in hospital amounts to unlawful custodial control, violating his constitutional rights to dignity, liberty, and access to medical care.
"The uninformed actions by the 1st respondent are unjustified and malicious; thus, we fear for his life," read the court documents.
"In the event that the 1st applicant is granted bail, he is willing to appear before the court or the police once he is summoned."
Earlier today, he skipped plea taking at the Kibera Law Courts. His lawyers, led by Wiper Party leader Kalonzo Musyoka, said he could not come as he was admitted to Karen Hospital.
Tuju skips plea taking, Kalonzo asks court for deferment
