DPP rejects Tuju’s quest for bail pending arraignment as police move him to Karen Hospital

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NAIROBI, Kenya, Mar 24 — The Office of the Director of Public Prosecutions (ODPP) has rejected former Cabinet Secretary Raphael Tuju’s bid for bail pending arraignment after police transferred him to Karen Hospital, insisting that any application can only be made after he has taken plea.ODPP declared its opposition to the bail request during an appearance at Kibra Magistrate Court on Tuesday after Tuju’s lawyers have challenged the charge sheet and the court’s jurisdiction, arguing that proceedings cannot continue in the absence of their client in court.The developments escalate the legal battle surrounding Tuju, even as investigators from the Directorate of Criminal Investigations (DCI) pursue allegations that he staged his own disappearance.A charge sheet circulated by Tuju’s lawyer Ndegwa Njeru indicated that the prosecution would pursue charges under Section 129 of the Penal Code as anticipated.DCI Director Mohamed Amin on Monday said the investigation had pointed to possible violations of Section 129 of the Penal Code, which criminalizes the provision of false information to a public officer.Amin told news reporters that police moved with urgency after encountering resistance from Tuju’s family during initial attempts to access his residence.“Following the family’s initial denial of access to Mr. Tuju’s residence along Miotoni Drive, the National Police Service escalated the matter with utmost urgency and resolve,” Amin said.A joint team of uniformed officers and plainclothes detectives was deployed late Sunday night to secure the Karen residence, which was cordoned off as investigators sought a court-sanctioned search warrant.CorneredAt the core of the DCI’s case is its assertion that Tuju never left his home during the period he was reported missing.“Based on solid intelligence and meticulous forensic analysis, the DCI conclusively — without an iota of doubt — determined Tuju was physically present within his residence throughout the period in question,” Amin said.Investigators maintain that Tuju only resurfaced after realizing police were closing in.“When confronted with the reality that police were closing in on the truth, Tuju chose to resurface… confirming that this was a carefully staged disappearance rather than a genuine abduction,” Amin added.The DCI argued that the alleged conduct meets the threshold under Section 129, which provides that anyone who knowingly gives false information to a public officer, prompting official action, commits an offence punishable by up to three years in prison.Police say Tuju’s reported distress — including claims that he was being trailed by a numberless vehicle — triggered a significant security response.Amin described the case as part of a broader trend.“This deliberate conduct appears to be a calculated effort to deceive the public, generate unwarranted sympathy, and undermine the integrity of our law enforcement agencies,” he said.He added that investigators had documented multiple cases of staged disappearances, including among politically exposed individuals, warning of an emerging pattern aimed at eroding public trust.