A Magistrates court Wednesday ordered fugitive Kevin Kang’ethe be remanded at Nairobi Remand and Allocation prison pending his extradition proceedings.
Milimani Chief Magistrate Lucas Onyina allowed the application by the prosecution saying it would be inappropriate to have him remanded at a police station even for his own safety.
He said the submissions by the state that he escaped from lawful custody has not been disputed or challenged.
Onyina noted that the court was not informed how he managed to escape, whether he did it on his own or was aided by other persons.
“Based on the circumstances, any escape must be subject to investigations and it would not be proper to have him remanded at Muthaiga or any other police station,” said Onyina.
His defense team had asked the court to have him returned at Muthaiga or be detained at any other station but the court said there is no reason to justify him being taken to any police station.
The matter will be mentioned on February 19 for further directions.
Prosecutor Vincent Monda told the court that if the order to have Kang’ethe be detained at Industrial Area is granted he should only be allowed access to lawyers who are appearing for him and no other lawyer.
Similarly the court was urged to order that when the lawyers visit him they must be accompanied by an investigator in this matter.
The court was told that if medical attention is necessary, it should be coordinated with government doctors associated with the Industrial Area.
However Kang’ethe through his lawyers unsuccessfully objected the argument, stating that he faces no charges, adding that the court proceedings focus solely on extradition.
Monda argued that Kang’ethe escaped lawful custody and the law states that a person who has done so has committed a crime.
“If a prisoner escapes by breach of prison or otherwise out of a custody of a person to whose custody he has been committed he maybe taken as a person accused of a crime.”
Kang’ethe had been detained pending a ruling on whether he should be extradited to face a first-degree murder charge in connection with the death of Margaret Mbitu on October 31, 2023.
He however escaped from Muthaiga police station on February 7 in an incident that shocked many.
Subsequently he was arrested in Embulbul in Ngong on February 13 as he sought refuge at one of his relatives’ homes. Nairobi police boss Adamson Bungei confirmed the rearrest of Kang’ethe.
“We have re-arrested him. He is in custody and we thank all that helped in this,” Nairobi police boss Adamson said.
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