Raphael Tuju Remains in Custody as Court Awaits Jurisdiction Ruling

Zilper Ochieng

Former Cabinet Secretary Raphael Tuju will remain in police custody as a Nairobi court determines whether it has the authority to hear a case accusing him of providing false information to a public officer. Tuju was not presented in court on Tuesday after authorities confirmed he had been taken to Karen Hospital for medical attention. His legal team informed the court that he is unwell and requires time to recover before proceedings can continue.

Through his lawyer Edward Oonge, the defense requested a two-week adjournment and urged the court to grant Tuju a free bond. They assured the court that he would attend proceedings once his health improves. Another lawyer, Dan Maanzo, challenged the charge, arguing that it is legally flawed and should be dismissed. He also disclosed that Tuju suffers from a recurring spinal injury.

According to the charge sheet, Tuju is accused of violating Section 129(a) of the Penal Code. The prosecution alleges that on March 21, 2026, at Entim Sidai Spa & Wellness Sanctuary, he falsely reported to a police officer that he had been abducted by unknown individuals—information authorities claim he knew was untrue.

State prosecutor J. V. Owiti opposed granting bail or bond while Tuju remains absent from court, insisting that the suspect must be physically present for assessment. Owiti argued that the court has jurisdiction and maintained that the case can proceed as long as the charge clearly outlines the alleged offence. He further stated that there is no evidence Tuju has been subjected to torture or inhumane treatment.

Court Awaits Medical Report

Chief Magistrate Stella Atambo directed that Tuju receive comprehensive medical care and said the court will rely on a medical report before making its decision. She scheduled the ruling for Wednesday at noon, when the court is expected to determine the next steps in the case. The case now hinges on both the court’s jurisdiction and Tuju’s medical condition. With legal arguments intensifying on both sides, Wednesday’s ruling is expected to shape the direction of the proceedings.

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