Tobiko asks for remand of Lamu raid suspect

The Director of Public Prosecutions Keriako Tobiko wants a man charged in connection with Lamu attacks remanded for 10 days to allow police to complete investigations.

In his application, the DPP said Mr Ali Said ABujra is part of a criminal gang which had been attacking residents in parts of Lamu and Tana River counties.

According to the prosecution, Mr Bujra accomplices are still at large and are being pursued by police in Lamu.

“The respondent (Bujra) was arrested yesterday, (Thursday). We pray for orders for continued detention for 10 days,” senior prosecuting counsel Peter Kiprop told the court Friday.

Police constable Paul Kabochi attached to CID Lamu West in his affidavit said evidence shows the suspect was involved in the attacks hence his arrest and detention.

Justice Martin Muya ordered the application be heard between the parties on Monday next week and the accused to be remanded at Port Police Station.

Mr Bujra who was unrepresented said he had not been informed that he was to be presented in court and that he had never been to Lamu for the last seven years.

Mr Justice Martin Muya ordered the application be heard inter parties on Monday next week and the accused to be remanded at Port police station.

Separately, a lawyer representing a matatu driver facing murder charges in relation to the attacks in Lamu told the court that the case cannot be assigned to a police constable to investigate it.

Responding to an application by the DPP seeking a review of the court ruling which allowed the release of his client on bond, Mr John Khaminwa said the case should have been assigned to a senior officer.

“You are being asked to vary your order on the basis of the affidavit of a police constable, we are being casual, there are people playing with criminal law. I urge you to comment about this in your ruling,” said Mr Khaminwa.

Mr Khaminwa told the court that the charge sheet by the prosecution outlining 60 counts of murder against his client is defective.

He said the maximum counts in a charge sheet are 12 and that the DPP is being “intellectually dishonest”.

“You cannot vary orders on defective charge,” the defence lawyer told Mr Justice Edward Muriithi adding that once the court is satisfied the charge is defective, it cannot proceed and review the ruling.

The DPP is seeking to have the order releasing Mr Dyna Salim Suleiman on a Sh500, 000 bond with three sureties of similar amount stayed pending the hearing of his murder trial.

Mr Suleiman was on Wednesday jointly charged with Mr Mahadi Swaleh Mahadi alias Jesus with 60 counts of murder. The court will deliver its ruling on July 18.