• To be held for 24 hours or be released if not charged.
The state has suffered a blow after a Shanzu Court ordered the police to detain Punjani’s wife and four other suspects for 24 hours and if they fail to be charged within the stipulated time, they should be released unconditionally.
Shanzu senior resident magistrate David Odhiambo declined to grant the state the seven days sought by the DCI, saying it was clear that police intended to charge the respondents with charges of trafficking narcotics and giving false information to police officers.
“Its clearly outlined in the affidavit that police intend to charge the respondents with the above-mentioned offences which are fully investigated, forthright I do not see the need to continue holding the suspects, while police have already concluded their investigations,” he said.
Odhiambo gave the orders at 5pm on Wednesday.
The detained are Karki Sushmita, Bashyal Shiva Prasad, Ram Manoj, Lucy Njeri Njane and Boniface Maelo, aka Dickson.
The DCI had through a miscellaneous criminal application sought seven days more days to continue detaining the respondents at the Nyali police station to enable police complete investigations.
The application is premised on the grounds that the applicant is investigating a case of giving false information to a person employed by Public Service Commission contrary to section 129(a) of the penal code.
Court documents show there is likelihood to interfere with investigations and that a key suspect connected with investigations is still at large.
The DCI seeks detention of the four to enable police complete investigations by recording statements from the respondents, getting a Nepalese interpreter and Indian Interpreter.
An affidavit sworn by DCI officer Sergeant Patrice Lumbasi indicates police are investigating Possession of Narcotic drugs and cases of obstructing police officers from performance of duty.