Tuju to appear in court as DCI bid to search his home is denied

Former Rarieda MP Raphael Tuju will answer to charges on April 8, 2026, before Kibera Magistrate's Court after the Directorate of Criminal Investigations was denied access to his home.

As Chief Magistrate Stella Atambo waits for the High Court at Milimani to decide whether she will proceed or not with the case after two weeks, to give Tuju time to recuperate, there were several discrepancies in the charge sheet that expose the investigations team. 

Before the Kibera court, the charge sheet reads that it was Tuju who allegedly gave false information, at Milimani, the magistrate observed that the police had indicated that it was a different person who claimed Tuju had been trailed and abducted.

For this, she said, there was no reason to warrant investigations against him. “I find that the investigations which are being pursued by the applicant is premised upon a suspected false report presented under OB NO. 17/22/03/2026. This report was, however presented by someone else other than the respondent himself and yet the warrants for investigation sought are against the respondent and particularly to retrieve evidence from the respondent’s home,” ruled Mutai.

In the charge sheet, Tuju is being accused of giving false information to a person employed in the public service. “On the 21st day of March 2026 at Entim Sidai Spa & Wellness Sanctuary in Karen within Langata Sub- County, informed No.233450 CI Purity Kobia a person employed in public service as the OCS Karen Police Station that he had been traced by unknown assailants and later abducted, information he knew to be false and intended to be acted upon by the said officer,” the charge sheet reads in part.

However, in the application to access the CCTV, which was denied by Milimani Principal Magistrate Daisy Mutai, Inspector of Police Francis Gitau, who is stationed at Langata DCI, told the court that it was Tuju’s son, Manu Tuju, who had reported that his father was missing.

Despite the officer being a man, he indicated that he is a female adult. Mutai found that the application failed to disclose sufficient grounds to justify the orders sought, noting that the threshold required under the law had not been met.

In its ruling, the court held that the materials presented did not establish a clear basis for investigation against Tuju to warrant the intrusive orders being requested. Gitau explained that police officers received information that Tuju’s car was abandoned at Miotoni Lane, Karen.

The officer added that  efforts to call him through his mobile phone were futile as it was allegedly switched off.

Fast forward to March 23, 2026, the officer said that around 2pm, Tuju showed up, claiming he had taken refuge after being allegedly trailed by unknown people.

“There is urgent need of obtaining un-truncated and unedited CCTV footage which is the custody of the respondent, which is of great evidential value in tracing the movement of Mr’ Raphael Tuju and potentially confirm that he was in his house throughout the period that he was reported missing,” said Gitau.

The officer also alleged Tuju’s wife was in control of what they wanted. Nevertheless, the person named as the respondent is the politician and not her. Tuju had been expected to appear at Kibera Law Courts to face a charge of giving false information to Chief Inspector Purity Kobia of Karen Police Station..

However, the lawyers accused the police of ‘abducting’ him outside Karen Police Station. “We spent the whole afternoon yesterday pleading with officers at Karen Police Station, reinforced by detectives from the Directorate of Criminal Investigations. As senior counsel, I witnessed what I consider an abduction outside the station,” Musyoka said.

Victor Owiti, for the prosecution, said the court had powers to proceed with the charges even without Tuju. “This court has jurisdiction whether or not the accused is present. One of the innovative inclusions of the Constitution is that the matter can proceed in the absence of an accused person,” he argued.

He confirmed that Tuju was in hospital, taken by the police officers, adding that the viability and defects of the charge sheet can only happen in the presence of Tuju.

Owiti said that they do not intend to oppose Tuju being freed on bail proposing that the court allows him be treated and as soon as he is well, he appears before court.

At the High Court, Tuju maintains he is entitled to anticipatory bail pending any arrest or charge. Tuju is asking the court to restrain law enforcement agencies from interfering with his liberty.