A Kiambu court has ordered Police Constable Erick Gitonga Nyaga to remain in custody for three days as investigations continue into the deaths of two boda boda riders near Makongeni Police Station in Thika.
In a ruling delivered on Tuesday, the court partially granted an application by the Independent Policing Oversight Authority (IPOA), which had sought a 20-day detention for the officer.
The magistrate noted that the State had not provided “compelling reasons” to justify a prolonged detention but said a short custodial period was necessary to facilitate crucial investigative steps.
The court highlighted that Article 49 of the Constitution guarantees the right to bail unless there are compelling reasons to deny it. It ruled that a limited detention would balance the officer’s rights with the need to advance the investigation.
Court documents show that the three-day custody order will allow the officer, in the presence of his lawyer, to assist in reconstructing the scene and recording his statement under inquiry.
The documents further state that from September 12, 2025, Gitonga will be committed to a bond of Sh500,000, with one surety of a similar amount, until the 14-day investigative period allowed by the court lapses.
During submissions, the prosecution argued that investigators required more time to reconstruct the scene, record additional witness statements, conduct a post-mortem, and subject the officer’s firearm to forensic analysis.
IPOA emphasised that these steps were critical to establishing the circumstances that led to the riders’ deaths on September 7.
The defence opposed the 20-day application, arguing that IPOA had not linked the officer’s conduct to the incident.
Gitonga’s lawyers said their client had fully cooperated with investigators, had not interfered with witnesses, and was willing to continue doing so.
They urged the court to release him on reasonable bond terms.
By granting three days’ detention, the magistrate said the court sought to allow investigators to carry out urgent procedures while safeguarding the officer’s constitutional rights.
The matter is scheduled to return for further orders on September 23, 2025.
According to IPOA, the incident occurred on Sunday, September 7, 2025, following a road accident involving a police officer and a motorcycle carrying two men.
The riders have been identified as Kennedy Ojuma and his passenger, Stephen Mwendwa.
