NAIROBI, Kenya, Mar 24 — A Kibra Court will rule at noon on Wednesday on former Cabinet Secretary Raphael Tuju’s challenge to the Directorate of Criminal Investigations (DCI) case against him, as well as his bid for bail pending arraignment.
Chief Magistrate Stella Atambo made the directive on Tuesday, ordering a medical report after the prosecution reported that police had moved him to Karen Hospital following his arrest on Monday.
The court said its direction will consider both the legal questions raised by the defence and concerns over Tuju’s health.
The magistrate directed that Tuju be given proper medical attention in the interim, noting uncertainty over the extent of his condition.
“I will give my ruling tomorrow, the 25th of March 2026 at 12 o’clock. In the meantime, let the patient or the suspect, be availed comprehensive proper medical attention to avoid further injury and/or deterioration of his health,” the court said.
The court added that it could not determine whether Tuju should remain admitted or be discharged without a clear medical assessment.
“I cannot say for sure let him remain admitted or be discharged because I have no idea what we are talking about in terms of the degree of injury or illness,” the magistrate stated.
The ruling will address objections raised by Tuju’s legal team, who have challenged the charge sheet and the court’s jurisdiction, arguing that proceedings cannot continue in the absence of the accused in court.
Bail pending arraignment
At the same time, the Office of the Director of Public Prosecutions (ODPP) has opposed Tuju’s bid for bail pending arraignment, maintaining that such an application can only be made after plea.
The case stems from investigations by the DCI, which has alleged that Tuju staged his own disappearance — a claim that could amount to an offence under Section 129 of the Penal Code, which criminalizes the provision of false information to public authorities.
DCI Director Mohamed Amin has said investigators relied on forensic analysis and intelligence to conclude that Tuju never left his residence during the period he was reported missing.
Authorities argue that the alleged actions triggered a significant security response and form part of a broader pattern of staged incidents that undermine public trust in law enforcement.
Tuju, who was moved to Karen Hospital, remains under police watch as investigations continue.
Wednesday’s ruling is expected to determine the immediate direction of the case, including whether the court will assume jurisdiction and how the matter of bail will proceed.
