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UPDATE: The court has stopped the police from investigating Raphael Tuju after finding that the case against him does not show any crime.
This comes after the High Court in Nairobi intervened following his sudden disappearance.
Justice Martin M. Muya issued an urgent order on Tuesday to protect the veteran politician’s liberty. This legal move comes after reports surfaced that Tuju and an associate, Louiza Korros, had been missing for 36 hours.
The disappearance sparked immediate concern among family members and political allies. They feared for his safety and suspected an unrecorded state detention.
Consequently, their legal team rushed to the Criminal Division of the High Court to file for Habeas Corpus. This constitutional tool forces the state to produce a missing person in court.
“The matter is hereby certified urgent and subject to be heard during the court vacation.” The Court Order stated.
To prevent any further holding of the applicants, Justice Muya granted them anticipatory bail. The court set the bond at Ksh 200,000 with one surety each.
Alternatively, the duo can provide a cash bail of the same amount. This specific legal protection ensures that the police cannot arrest them for any pending investigations without further court directions.
Court Directs Police and DPP to Acknowledge Protective Orders
Furthermore, the judge directed the applicants to serve the Inspector General of Police and the Director of Criminal Investigations (DCI) with the suit papers.
This ensures the state is aware of the protective orders. The Director of Public Prosecutions (DPP) is also listed as a respondent in the case.
Also Read: Former CS Raphael Tuju Rushed to ICU at Karen Hospital as Condition Worsens
Awaiting Further Directions
The court’s decision relies heavily on Articles 49 and 50 of the Constitution.
These articles protect the rights of arrested persons and guarantee a fair hearing. By issuing this order, the judiciary has effectively shielded Tuju from secret or unlawful detention.
Also Read: Police Share Key Findings on What Happened During Raphael Tuju’s Mysterious Disappearance
The parties will return to court on April 7, 2026, for further directions. At that time, the state must explain the circumstances of the disappearance.
Until then, Tuju and Korros remain free under the protection of the high court.
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A collage photo of former CS Raphael Tuju being treated by doctors. PHOTO/Screengrab
