•The DCI stated that Thuku had failed to clarify how he gave one of the shot robbers his car and why he reported to Ruiri instead of Githurai where he lives.
Image: THE STAR
The Directorate of Criminal Investigations and the Director of Public Prosecutions have objected an application to free a car that was involved in an attempted robbery with violence where three gangsters were shot dead.
In an application filed under certificate of agency before Makadara Chief Magistrate Emily Ominde on May 20, Charles Thuku, the owner of the car, said his vehicle has been unlawfully and unconstitutionally detained at Kasarani Police Station since October 29.
He said that on October 25, 2019, a friend by the name George Mugo, who is now a deceased, requested for his car (KBR 161W, Toyota Fielder) to ferry his children from Maai Mahiu to their rural home in Murang'a.
Mugo promised to return the vehicle on October 26 but he never returned and his phone had since been switched off.
The next day, Thuku made a report at Ruiru police station via OB number 75/27/10/19.
On the same day a friend called him and informed him that his car had been spotted at Kasarani Police Station.
He went to the station where he was told that his vehicle was involved in attempted theft and at the time of impounding it had four occupants where three were shot dead while one managed to escaped.
“I got the assurance of the police that my vehicle will be released to me as the same had not been detained in custody over any offence, police have been giving false promise but up to date my vehicle is still detained,” he stated.
He said that he has since been inconvenience and suffered loss as he was using the vehicle for his personal activities.
In a replying affidavit, Sergeant James Kilonzo said that the said motor vehicle was involved in a robbery with violence on October 25, 2019, at Thome area within Nairobi.
“In the same attempt three of the robbers were gunned down while one managed to escape, the vehicle was recovered at the scene with several gunshots,” Kilonzo stated.
He said that inside the motor vehicle and in the pockets of the fatally shot robbers, they managed to recover one Smith Weson pistol with six bullets, one Ekol pistol with three bullets and three spent cartridges.
The items were taken to police station as investigations commenced.
He said that the applicant went to the police station on October 30 and claimed he was the owner of the car.
Kilonzo said that Thuku failed to clarify how the motor vehicle was handed over to one of the deceased robbers, Mugo, and why he reported the lost vehicle to Ruiru Police Station yet he was a resident of Githurai where there is a police station.
He also said that Thuku has failed to clarify how he knew that his motor vehicle was at Kasarani Police Station.
“This motor vehicle is crucial exhibit in my investigations and releasing it will jeopardise the case, the applicant is a person of interest and cannot be handed over a crucial exhibit.”
The matter will be ruled on May 29.