A Nairobi court has struck out an application by the Directorate of Criminal Investigations (DCI) seeking to search the Karen home of former Cabinet Secretary Raphael Tuju. The ruling marks a significant setback for investigators probing an alleged false report.
The decision was delivered on March 25, 2026, by Principal Magistrate Daisy Mutai at a Nairobi court. The magistrate declined to grant the orders sought by the DCI, effectively halting the planned search operation.
Detectives had applied for a warrant to access Tuju’s residence in Karen, a high-end suburb of Nairobi. They intended to obtain and analyze CCTV footage recorded between March 21 and March 23.
According to the DCI, the footage was considered crucial in verifying claims surrounding Tuju’s alleged abduction. Investigators have expressed suspicion that the reported incident may have been staged.
The application was made under Section 118 of the Criminal Procedure Code, which allows courts to issue search warrants where sufficient grounds are established. The DCI argued that there was reasonable cause to believe evidence relevant to the investigation could be found at the residence.
However, the court found that the application did not meet the required legal threshold. Magistrate Mutai ruled that the request lacked adequate disclosure of a specific offence directly attributable to Tuju.
In her findings, the magistrate noted that the alleged false report referenced by investigators had not been made by Tuju himself. This raised questions about the legal basis for targeting his property in the application.
The court further observed that key evidentiary links connecting Tuju to the alleged offence were missing. Without such links, the request for a search warrant was deemed insufficient.
As a result, the magistrate struck out the application rather than dismissing it on merit, indicating procedural and evidentiary shortcomings. This means investigators may refile the application if they address the gaps identified by the court.
The ruling comes amid ongoing investigations into claims that Tuju had been abducted by unknown individuals. Authorities have since questioned the authenticity of the alleged incident.
The case continues to draw public attention, as it involves a high-profile political figure and raises broader concerns about the misuse of police reports and the evidentiary standards required in criminal investigations.
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FELIX MAKONA
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