Fugitive murder suspect Kevin Kang'ethe is now claiming that his detention at the Industrial Area Prison Remand is unlawful and a blatant violation of his fundamental rights.
Kang'ethe, who is now seeking the intervention of the courts, claims that his continued detention at the prison remand centre is completely unlawful and inhuman.
Kang'ethe was remanded in high security prison after escaping from Muthaiga police station under mysterious circumstances.
Through his newly appointed lawyer, the suspect told the court that his detention was unlawful.
The lawyer told Milimani Chief Magistrate Lucas Onyina that the State had gone against the spirit of the miscellaneous application filed before the court on January 29, 2024, in which the DPP sought a 30-day detention period while the DPP regularised the extradition process.
Kang'ethe was produced before Senior Principal Magistrate Zainabu Abdul and the lead investigator sought to have the fugitive detained at Muthaiga Police Station for 30 days.
The court granted the request of the investigating team to detain Kang'ethe at Muthaiga police station for 30 days which expired on February 29, 2024.
The lawyer said the prosecution did not apply for an extension of the orders after the expiration of the time sought, failing which the fugitive was unlawfully detained.
"Your Honour, the orders sought by the lead investigating officer were to detain my client at Muthaiga Police Station for 30 days and the court ordered the same," the lawyer said.
The lawyer also sought the court's order that he be detained at Industrial Area Maximum Prison, while the court ordered that he be remanded in medium custody.
He added that his client is being treated as a convict in the matter as he is kept in handcuffs throughout the day and night, even when he goes about his daily routine within the facility.
The defence asked the court to give him 21 days to respond to the prosecution on the documents served on his client for his extradition to the US to face murder charges for the killing of Margaret Mbitu, his former girlfriend.
"Your honour, I came to the suspect this morning and I have not been able to go through the extradition documents so that I can effectively respond to them," he said.
He also asked the court to allow him access to his client at any time and to his file in order to make proper responses.
Responding to the defence, State Prosecutor Magdalene Nduati told the court that Kang'ethe's misconduct had prompted her to file an affidavit before the court seeking an order that the suspect be remanded at the Industrial Area Remand Prison where security is enhanced.
"Your Honour, because of the suspect's conduct in escaping from Muthaiga Police Station, we filed an affidavit before this court requesting that he be remanded at Industrial Area Medium Prison until the matter of his bail and extradition is determined," Ms Nduati said.
She insisted that Kang'ethe should continue to be held at Industrial Area Remand Prison as per the court's orders.
Ms Nduati told the court that they had no problem with his lawyer being allowed to speak to his client and have access to the case file, provided he is now on record for the suspect, as these are his constitutional rights.
Regarding the 21 days sought by the defence lawyer to go through the documents in the file before filing a response, she said the days were too many considering that there were other affidavits to be filed regarding his release on bail and another challenging his extradition which were still pending.
"Your Honour, the period of 21 days requested by the defence, I consider it too many for the lawyer to go through the file and respond to it," she said.
Kang'ethe was arrested on a warrant issued by a court in the United States of America for allegedly killing his girlfriend, Margaret Mbitu, on various dates between 30 October and 4 November 2023.
He is said to have fled the US to hide in Kenya in an attempt to evade justice in America for the alleged crime.
In his short ruling, Mr Onyina considered the submissions of both parties and gave the defence lawyer 21 days to go through the file and respond.
"I have considered the submissions of the defence and the prosecution and I am of the view that the defence counsel should be granted the requested days to peruse the file and file the response considering that he came on record this morning," Mr Onyina said.
The magistrate also ordered that the lawyer be given access to the file and the suspect whenever necessary.
The prosecution was ordered to provide the defence with the necessary documents and to file its response within the said days.
Regarding the release of the suspect, the Magistrate said that the court could not order his release until the issue of bail and surety had been heard.
The matter was adjourned to April 4, 2024 for all parties to file necessary documents.
