Dennis Itumbi, an aide in Deputy President William Ruto’s office will remain in custody for five days to allow police to conclude investigations.
Itumbi who was Thursday morning arraigned before Milimani senior magistrate’s Abdul Zainab court, however got reprieve, after the prosecution’s plea to have him detained for 14 days was rejected.
According to the prosecution, the matter under probe is sensitive and touches on national security. The prosecution also requested to forensically examine Itumbi’s phone.
The sleuths are interested in a WhatsApp group called Tangatanga movement. However, his defence counsel Moses Chesang opposed the continued detention of his client.
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He argued that the arrest of Itumbi was purely for drama because the WhatsApp group referred to had 256 members walking free.
Itumbi was arrested in Nairobi Wednesday by DCI detectives on suspicion of being one of the authors of a fake letter alleging a plot to assassinate the Deputy President.
Separately, the high court is set to make a ruling on whether the government through the Attorney General should be a respondent in the Maritime Boundary dispute between Somalia and Kenya at International Court of Justice.
Petitioner Dr. Michael Mugo argues that the proposal by the Attorney General to take part in the case at the Hague would be surrendering Kenya’s sovereignty and any boundaries altercations can only be done through public participation in a referendum.
Attorney General Paul Kihara however maintains there will be no prejudice if Kenya attends the proceedings.
While certifying the notice of motion urgent, High court Judge Weldon Korir will on 11th July 2019 decide whether Kenya will respond to the case filed by Somalia at the International Criminal Court in the Netherlands over the maritime border dispute.
Through lawyer Kibe Mungai Dr. Michael Mugo the Executive Director of Foundation of Dialogue leading the petitioners wants the dispute to be sorted out through a memorandum of understanding claiming the two nations do not need the Hague based court as there exists a maritime border agreement signed in 1974.
The petitioners want a 3-5 judge bench constituted to hear the matter before the September date when the case is scheduled to be heard at the Hague.
Attorney General Paul Kihara noted that Kenya will suffer no harm if it attends the court sessions to resolve the stalemate.
The Kenyan coast line has 12 nautical miles territorial sea and the territory in question is a 100,000 square kilometer (38,610 square mile) triangular patch created by projecting the Kenya-Somali border eastward into the Indian Ocean.
Elsewhere, the High Court ruled that Kadhis do not have the jurisdiction to hear and determine issues relating to custody and upkeep of children.
Justice Charles Kariuki, sitting at the High Court in Garissa, further said, in his view, drafters of the law never intended Kadhis’ Courts to handle matters relating to custody and maintenance of children.
Justice Kariuki added that the law does not distinguish between a child of Muslim parents from any other child for purposes of protection under the law-custody, guardianship and maintenance.
The decision followed an appeal by claimant against a decision of a Kadhi’s court where he was ordered to make a monthly payment of 4,000 shillings for child’s maintenance and also required to take care of education and medication of the child.