Philip Aroko, a businessman and a person of interest in the assassination of Kasipul Member of Parliament (MP) Charles Were, has withdrawn his application demanding the state produce him in court, dead or alive. This decision came after he had earlier filed a petition seeking the intervention of the High Court to compel the police to present him before a court. The petition was filed at the Milimani High Court Criminal Division, where Aroko’s lawyers, Danstan Omari and Samson Nyaberi, argued that despite Aroko surrendering to the police, he had not been arraigned in court.
On Monday, May 12, 2025, Milimani High Court Judge Alexander Muteti was set to hear the case, with Aroko’s legal team asking the court to order the Directorate of Criminal Investigations (DCI) and the Inspector General of Police, Douglas Kanja, to produce Aroko before the court. The lawyers had argued that their client had made himself available by surrendering to the authorities but was yet to be brought to court as required by law.
However, during the court session, the lawyers informed the judge that Aroko had already been presented before the JKIA Law Courts on Friday, May 9, 2025. In light of this, the legal team requested the withdrawal of the application, as there was no longer a need to pursue the matter. Judge Muteti allowed the withdrawal of the petition and closed the file, effectively putting an end to the issue in the Milimani High Court.
The Director of Public Prosecutions (DPP) also provided information to the court during the proceedings. A DPP lawyer, Gikui Gichui, told the court that Aroko was booked at Kasarani Police Station on May 8, 2025, at 12:18 a.m. He added that Aroko had been presented before the court within the constitutionally required 24-hour period, complying with the legal requirements for detainment.
Prior to this, on May 9, 2025, Aroko had been detained for seven days at the Jomo Kenyatta International Airport (JKIA) Law Courts. Principal Magistrate Irene Gichobi had granted this custodial order, citing that Aroko had voluntarily presented himself to the Gigiri Police Station after a public alert from the DCI urging him to do so. Magistrate Gichobi noted that Aroko’s willingness to cooperate with the authorities indicated his readiness to assist in the investigation.
The magistrate’s ruling was to detain Aroko for a period of seven days, which she felt was a reasonable duration given that he had shown an intent to cooperate. However, the DCI had sought a much longer custodial period, requesting the court to authorize a 30-day detention. Aroko, on the other hand, had objected to this extended period, calling it unreasonable. He argued that the 30-day detention was excessive, especially given that he had willingly surrendered to the police. Instead, he requested the court to limit his detention to five days.
Additionally, Aroko sought to be detained at the Kileleshwa Police Station instead of the Kasarani Police Station, which he considered far from his family. He expressed that the Kileleshwa station, located closer to his residence, would make it easier for his family to visit him during the detention period.
Aroko’s matter will be revisited on May 16, 2025, when the court will assess the progress of the ongoing investigations and determine whether there is a need for further detention. This upcoming mention will also help clarify whether additional time for detention is required to facilitate the investigation into the assassination of MP Charles Were.
