Tuju remains in police custody as court postpones plea pending medical review

Tuju remains in police custody as court postpones plea pending medical review

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Former Cabinet Secretary Raphael Tuju will remain under police custody as a Nairobi court considers whether it has jurisdiction to hear a case in which he is accused of giving false information to a public officer, amid claims by his lawyers that he is unwell and needs treatment.

Tuju was not produced in court on Tuesday, with the prosecution saying he had been taken to Karen Hospital by police.

His lawyers asked the court to defer the matter and grant him a free bond, arguing that he would attend court when required.

According to the charge sheet seen by Citizen Digital, Tuju is accused of giving false information to a person employed in public service, contrary to Section 129(a) of the Penal Code.

The charge alleges that on March 21, 2026, at Entim Sidai Spa & Wellness Sanctuary in Karen, within Lang’ata Sub-County, he informed Karen Police Station OCS CI Purity Kobia that he had been traced by unknown assailants and later abducted — information he allegedly knew to be false.

In court, lawyer Edward Oonge asked that the case be deferred for two weeks, saying Tuju needed time to recover.

He also urged the court to grant him a bond without cash terms.

However, lawyer Dan Maanzo told the court the charge was defective and had no legal basis, urging that it be rejected. Maanzo also said Tuju has a recurring spine injury.

State prosecutor J. V. Owiti argued that the court has jurisdiction and said a matter can proceed even without the suspect being present.

He said the charge was sufficient if it contained the statement of offence and particulars enabling the accused to answer.

Owiti opposed the granting of bail or bond in Tuju’s absence, saying the court needed to see the suspect and assess his condition.

He proposed that Tuju receive treatment and return to court to enter plea when he is well.

Owiti further said there was no evidence of torture or inhumane treatment, adding that Tuju is in custody under OB 31/23/3/2026 and will remain in police custody until he is arraigned unless police bail is granted.

He also urged the court to return the matter after one week to check on Tuju’s health.

The prosecution also sought clarification on whether Tuju is under arrest and whether he would receive treatment without police interference.

Chief Magistrate Stella Atambo said she will deliver her ruling on Wednesday, directing parties to await a doctor’s report.

"I’ll give my ruling tomorrow 12pm Wednesday 25th. Let Tuju be given comprehensive medical treatment," Magistrate Atambo said. 

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