Five suspects in Molo activist's murder detained for 21 days

Five suspects linked to the murder of popular Molo activist Richard Otieno on January 18, 2025, will be detained for 21 days pending investigations.

Principal Magistrate Kipkurui Kibelion allowed detectives to detain Clinton Simantu alias Muiru, Jorim Ngonga, Peter Mwaniki alias Pinchez, Geoffrey Ndungu alias Movado, and John Ndegwa alias Ndech.

Kibelion ruled that the 21-day period was reasonable time for the detectives to conclude the probe, despite spirited push by the prosecution for a 30-day detention.

“Despite the suspects not raising any objections, I find that a pre-detention period of 30 days is too much. None of the suspects have pleaded to the charge,” ruled Kibelion.

He added that the rights of the suspects to be presumed innocent must be protected and it was the duty of the court to do so.

According to Kibelion, detectives had made progress in investigations, and although more needed to be done, 21 days would be reasonable to do so.

The court ruled that the primary station of detention would be Kaptembwo Police Station but the police had leave to transfer the suspects to any other station but limited to when need arose.

“The suspects are entitled to visit by their relatives and lawyers during their detention,” the court ruled.

The court ruled on an application submitted by Prosecutor Emma Okok, through an affidavit filed by Inspector Patrick Wachira from the Directorate of Criminal Investigations (DCI).

Wachira submitted that the detectives needed 30 days to investigate the weighty matter which had attracted the public interest.

He said forensic analysis of various samples taken during the postmortem of Otieno’s body was still pending at the government chemist.

Wachira said they recovered two motorcycles that were allegedly used to transport the suspects and they needed to forensically document the motorcycles.

“Two of the suspects had previously been arrested and charged with assaulting Otieno. They were placed on probation for a year,” submitted Wachira.

Wachira said that the suspects had numerous mobile phone numbers which detectives believed would help arrest more accomplices.

He said they had not recorded statements from the suspects and they were still tracing crucial witnesses who fled from the area for fear of constant threats from the suspects.

“We have to take their fingerprints, do DNA sampling, carry out identification parade and do mental assessments for the suspects,” he deposed.

Further, Wachira averred that the suspects live within Molo, in rented houses and the irate mob who staged protests on January 19, may attack and lynch them.

He added that the same may make the suspects a flight risk as they scamper for safety.

“The matter has elicited community outcry and the suspects and their immediate family members may be in grave danger if they are released,” he submitted.

He said that owing to the various angles that needed to be tackled during investigations, they felt overwhelmed and needed more time.

Okok added that the suspects were arrested on February 2. She said the prosecution needed data from Safaricom.

Victims’ lawyers Roselinda Wamaitha and Guto Ogechi supported the 30-day detention.

Wamaitha said the case is related to the rampant disappearance and extrajudicial killings in the country and thorough investigations were needed.

Guto said the case was of public interest and police needed enough time to make it watertight and give justice to the family and the public.

The five suspects were each asked to give their inputs. They raised no objections to their detentions.

Otieno was hacked to death on the night of January 18, near Elburgon Police Station, as he was heading home.

Protests erupted the following day as angry residents stormed the Elburgon Mortuary, retrieved Otieno’s body, placed it on top of a saloon car, and moved around town demanding justice.

The case will be mentioned on February 24 for directions.