A Kahawa West magistrate’s court will on December 11, rule whether it will grant the director of criminal investigations (DCI) additional days to detain 26 individuals suspected of issuing irregular national identification documents pending investigations.
The suspects among them civil servants from the National Registration Bureau (NRB), the Directorate of Immigration Services, chiefs and freelance brokers were arrested between December 5 and 6 in a multi-agency intelligence-led sting operation by detectives from the Directorate of Criminal Investigations and the Anti-Terrorism Police Unit (ATPU).
They include, Judy Kemunto Ondari, Registrar of Persons office, Embakasi, Moses Mugoya Margaret, Clerk at the Registrar of Persons Head office, NSSF Building,Ruth Osebe Sukuru, Registrar of Persons office, Kamukunji; Jawahir Mohamed Muse, Assistant Chief, Eastleigh North; Moulid Yusuf Dige, Businessman; Mohamed Issack Gedow, Assistant Chief, Eastleigh; Abdirizak Osman Rage, Freelance middleman; Alfred Opia Ayaway, Freelance middleman; Abdirizak Abdi, Electronics technician; Abdirashid Mohamed Ali, Clerk at Shima Group International; Festus Bahati Chai, Fingerprints Technician, Registrar of Persons Head office; Abdirizack Bashir Farah, Freelance middleman; Samatar Osman Robne, Businessman; Fuadh Bulle Mohamed, Businessman; Geoffrey Mokoro Mutanya, Clerk at Immigration Head office; Joseph Mwendwa Munyithia, Registrar of Persons office, Kariokor; AbdiKadir Mohamed Dahir, Businessman; Berrick Kororia Maghas Sukuru, Registrar of Persons office, Kamukunji; David Korir, Clerk at Registrar of Persons Head office; Titus Mwanga Nthenge, Senior Subordinate Staff, Registrar of Persons, Head office; Yahya Daud Manor, Issack Abdow Mohammed, Nelson Katana Kazungu, Daniel Munywoki Kavuwa, Abdullahi Abdi Khamisi, and Abdirahman Roba Guyo.
The operation followed intelligence reports linking the group to a criminal network believed to facilitate the illegal acquisition of Kenyan documents, including for individuals suspected of involvement in terrorism.
According to the miscellaneous application , the DCI through Corporal Lawrence Kiniti say the racket involved the irregular issuance of passports, national IDs, and other vital documents, some allegedly granted to individuals believed to be associated with terror cells across Kenya, Somalia, Tanzania and Uganda.
Investigators recovered a trove of government materials during the raids, including filled and blank ID application forms, fingerprints extraction tools, birth and death certificates, foreigner certificates, government stamps, passports, and multiple mobile phones.
Some suspects said Kiniti were also found with cheque books, company documents, and financial records that detectives say will be scrutinized for possible links to illicit payments from terror sympathizers.
Police told the court the syndicate posed a significant national security threat, alleging that some suspects had been in communication with foreign terror operatives and received funds from ISIS-linked individuals to facilitate illegal documentation, recruitment and movement of suspects across borders.
In their application, police asked the court to allow them 10 working days to detain all respondents at Capitol Hill Police Station, to
conduct forensic analysis of seized phones and electronic gadgets, obtain call data records and mobile money statements from service providers and to verify the authenticity of recovered documents with the Registrar of Persons, Immigration and Births & Deaths offices.
They also want to conduct ID parades, trace and apprehend accomplices still at large, record statements from witnesses who investigators say may face interference if suspects are released.
Kiniti argued that releasing the respondents would jeopardize ongoing investigations, warning that some of them were “closely known” to witnesses and could compromise evidence “electronically and remotely.”
Defence lawyers on their end accused the prosecution of abusing constitutional safeguards and attempting to convert the court into an investigative arm of the police.
They argued that the application, grounds, and supporting affidavits amounted to an “abuse of legal process,” insisting that no lawful basis had been provided to justify holding the suspects any longer.
They submitted that the police had already detained the suspects for three days and could not now return to court seeking ten additional working days.
They argued that investigators were attempting to use the court to cure their own investigative lapses.
“This is an abuse of the rights of the suspects, and an abuse of the Constitution of Kenya”, said the defence team.
They argued that the mention of terrorism appeared only once in the file and had no factual backing.
The defence also questioned the jurisdiction of the court, urging the magistrate to “down its tools.”
They maintained that suspicion alone could not justify detention.
“Suspicion is not enough. No ground has been laid to demonstrate why these persons were arrested. They should apologize for arresting these people without charges,” one advocate argued.
They further faulted the prosecution for claiming they needed time to conduct an identification parade, saying the exercise was illogical since the suspects were already known to investigators.
“What is the essence of an ID parade when the prosecution arrested these people at their workplaces and homes?” counsel said.
The lawyers also pointed out that the law does not require a suspect to appear before a criminal court unless formally charged.
“A suspect has no duty to appear in court. There is no legal reason why these persons were brought here if they are not accused persons,” the defence said.
They asked the court to strike out the application in its entirety, arguing that the reasons presented were not convincing.
“Conjecture does not fall anywhere in this categorization. Reasons must be strong, compelling and beyond reasonable control,” they submitted.
One of the lawyers pleaded for the immediate release of the 3rd respondent, saying that if the court required time to write its ruling, the accused should not be made to suffer in custody.
Another lawyer sought leniency for the 2nd respondent, saying he is a family man with a young family and could comply with any reporting orders the court might issue.
The court also heard a plea concerning Judy Kemunto, one of the respondents, described as “a proud mother who underwent a C-section on November 3, 2024 for a pre-term baby.”
Her counsel argued that prolonged detention would endanger both her health and the wellbeing of her newborn.
Magistrate Gideon Kiage ordered all suspects with medical conditions be granted access to treatment and monitored as required.
The court also ordered Kemunto to release on a Sh500,000 bond pending the ruling.
Kiage directed her to report to investigators whenever required and to keep away from her workplace until investigations conclude.
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