Judge orders detention of businessman Aroko in Kasipul MP murder probe

Homa Bay businessman and politician Philip Nahashon Aroko at JKIA courts. May 09, 2025. [Stafford Ondego, Standard]

Businessman Philip Nahashon Aroko, linked to the brutal murder of Kasipul MP Charles Were, will remain in custody pending investigations after the High Court allowed the withdrawal of his petition challenging the legality of his detention.

Justice Alexander Muteti ordered detectives from the Directorate of Criminal Investigations (DCI) to continue holding Aroko in police custody.

This came after Aroko, through his lawyers Danstan Omari and Sam Nyaberi, withdrew a petition in which he had accused the police of violating his constitutional rights by detaining him unlawfully.

In the initial application, Aroko had sought to be produced in court "alive or dead," alleging that the police had held him beyond the 24-hour constitutional limit without presenting him before a magistrate.

He had reported to Gigiri Police Station on the night of May 7, 2025, at around 10 p.m., in compliance with a summons issued by the DCI.

Accompanied by his legal team, he was expected to be arraigned on May 8. 

However, by the close of business that day, Aroko had not been presented in any court across the country.

This prompted Justice Muteti on Friday to direct that he be produced in open court the following morning, on May 9, at 10 a.m. 

When Aroko was finally brought before the court by officers from the Office of the Inspector General and the DCI, his defence lawyers opted to withdraw the petition.

The court was informed that Aroko had, in fact, been arraigned at the JKIA Law Courts on the afternoon of May 9, where a magistrate had granted a seven-day custodial order to allow police to complete investigations.

Omari, appearing for Aroko, told the court: “He has not committed any offence and is ready to be investigated over allegations being framed against him of murder and has nothing to hide.”

He further denied any involvement in the April 30 shooting of the late legislator near City Mortuary in Nairobi.

The businessman will continue to be held at Kileleshwa Police Station for a week as police investigate him for possible links to the MP’s killing.

The Office of the Director of Public Prosecutions (ODPP), represented by State Counsel Gikui Gichuhi, did not oppose the withdrawal of Aroko’s petition. 

Gichuhi told the court that Aroko was booked at Kasarani Police Station on May 8 at around 12:18 a.m. and was presented before a court within the constitutionally allowed time.

Justice Muteti accepted the ODPP’s explanation, ruled that Aroko’s detention was lawful based on the JKIA court order, and formally marked the file as closed. 

He directed that Aroko remain in custody for seven days pending the conclusion of ongoing investigations, which may lead to murder charges being filed against him and 11 other suspects.

Among the other suspects linked to the killing are MP Were’s bodyguard Allan Ogola Omondi, his driver Walter Owino Awino, and Lake Basin Development Authority director Ebel Ochieng, alias Dave Calo.

DCI detectives told the court that during the arrest of suspects Edwin Oduor Odhiambo and Dennis Sewe Manyasi, police recovered two pistols, nine live rounds of ammunition, a bag, and footwear matching items worn by the shooter seen at the crime scene.

Investigators allege that communication among the 12 suspects links them to the planning and execution of the MP’s murder.

They are still analysing CCTV footage captured along the route from Parliament to City Mortuary, where the lawmaker was gunned down by a lone assailant.

“Brief interviews of the suspects have revealed that they have crucial information that could unravel the murder of the deceased person herein and lead to further arrests,” lead investigator Inspector Oliver Nabonwe told the court.

Aroko is a known member of the Orange Democratic Movement (ODM), led by former Prime Minister Raila Odinga. 

Prior to his arrest, he was actively involved in ODM grassroots elections in Homa Bay County and had expressed interest in contesting the Kasipul parliamentary seat in the 2027 general election.

Aroko is no stranger to legal controversy. 

He first came into the public spotlight in May 2019, when he was charged with obtaining Sh300 million from Sounthorn Chanthavong, a director of Simoung Group Company, under the pretense that he and 16 others would sell him gold.

The group is said to have displayed heavy metal boxes disguised as gold bars, which police discovered were stuffed with bags of cement, mallet hammers, and Ghana customs stickers, while operating under a company named Nirone Safekeeping Limited.

The incident, which occurred at Kaputei Gardens in Kileleshwa, prompted intervention from the Office of the President that led to him being arrested over obtaining money by false pretenses.

Aroko and the other suspects were accused of defrauding the Chinese investor of millions.

After several years of trial and key witnesses testimonies, Director of Public Prosecutions Renson Ingonga last year in shocking turn of events withdrew the charges under Section 87(a) of the Criminal Procedure Code, citing the need for further investigations in the matter.

In 2010, Aroko had also been charged in connection with the theft of Sh80 million from the Co-operative Bank branch on Haile Selassie Avenue in Nairobi.

At the time, he was identified as a taxi operator involved in the case

He denied the charges and was released on bond.

In 2018, he was again linked to a Sh23 million gold scam involving a Brazilian national, Samir Entorno, which again the DPP has dropped.

Aroko and his co-accused allegedly promised to deliver eight kilograms of gold to Dubai but failed to fulfill the deal.