Lawyers decry alleged violation of businessman Phillip Aroko's rights in police detention

According to an affidavit filed with the High Court, Aroko has been detained without charge and denied access to his legal counsel, family, and friends. 

His lawyers claim that authorities have ignored multiple appeals for his release on reasonable police bail, and they have yet to provide any legal justification for his continued detention.

“This is a clear, calculated, and unlawful affront to both constitutional guarantees and the basic dictates of due process,” the affidavit reads.

Aroko's legal team, led by prominent lawyer Danstan Omari, is now urging the High Court to intervene, warning that the authorities may intend to detain their client for longer than the Constitution allows without first presenting him to a magistrate.

“It is the duty of this Honourable Court not to passively await the crystallization of a constitutional violation,” Omari argued in court filings, calling for immediate judicial intervention to halt what he described as unlawful state conduct.

According to the affidavit, Aroko has expressed a willingness to fully cooperate with investigators, including participating in interviews and providing statements.

His legal team maintains that he only wants to be treated according to the law, a right guaranteed by the Constitution.

“The Applicant categorically denies any knowledge of or involvement in the said offence and maintains that he has, at all material times, been willing and available to assist the investigative authorities in any lawful manner,” the affidavit continues.

The legal team also claims that Aroko's continued detention, which lacks a court order or legal basis, violates his rights to liberty, dignity, and fair treatment under Kenyan law.