December 28, 2018
Detectives Friday evening arrested lawyers Tom Ojienda and Peter Wanyama reportedly over Mumias Sugar investigations.
The two lawyers were whisked out of the DCI headquarters shortly after 7 pm with detectives close to the case revealing that they would be locked up at the Muthaiga Police station for the night.
Meanwhile, lawyers representing the Law Society of Kenya pitched tent outside the DCI headquarters for the better part of the evening demanding the release of their colleagues.
And by yesterday, Saturday Nation established that the Directorate of Criminal Investigations (DCI) and the Office of the Director of Public Prosecutions (ODPP) were engaging the Judiciary over the possible arrest of Court of Appeal judge Justice Otieno Odek, also over the Sh200 million audit at Mumias Sugar Company.
A DCI insider revealed that the decision to engage the Judicial Service Commission (JSC) was to “avoid unnecessary fights with the judiciary”, having seen the fallout over the arrest and arraignment in court of Deputy Chief Justice Philomena Mwilu.
Prof Ojienda’s lawyer, Nelson Havi, confirmed the arrest but pointed to a much larger scheme to the arrest of Prof Ojienda. “It is easy to see through the ploy by the DCI and the DPP in arresting Prof Tom Ojienda on a Friday afternoon: Hold him over the weekend, procure warrants to search his homes and offices in his absence and violate his constitutional rights in the process. Justice is on trial!” Mr Havi said.
Mr Havi said they lawyers were making every effort to ensure that the two are released on bail.
Dan Okutta, who is another of Prof Ojienda’s lawyers camped at DCI headquarters, told the Saturday Nation that the police have not disclosed to them the reasons for arresting Prof Ojienda and Mr Wanyama.
“They are holding him and they have not disclosed why he is there but we suspect some funny stories are behind his arrest,” said Mr Okutta.