DPP seeks verification of Mukuru murder case plea taking stay order
By Zipporah Ngwatu, February 17, 2026The Director of Public Prosecutions (DPP) has asked the Makadara High Court to grant them one day to verify the court order staying the plea taking of one officer in the fatal shooting in the Mukuru area.
The DPP, through Senior Assistant Director of Public Prosecutions Gikui Gichui, informed the court that they had been served with the stay order on the morning of February 17, 2026.
Appearing before Makadara High Court Judge Muya Martin Mati on Tuesday, February 17, 2026, State Counsel Gichui urged the court to grant them one day to go through the order.
She added that one day is enough for DPP to verify the order and give their position in the matter, requesting the court to have the matter be mentioned on Wednesday, February 18, 2026.
“My lord, we have gotten the order this morning from the Judicial Review Division saying that they are staying the plea-taking of the second accused (Patrick Mutunga Titus). We have not been able to verify those orders as yet, and we will be asking for one day for me to get clarity,” State Counsel Gichui told the court.
Request granted
Justice Muya has granted the DPP their one-day request and directed that the matter be mentioned on Wednesday.
A Nairobi High Court issued a conservatory order temporarily halting the plea taking of police officer Mutunga, a person of interest in the fatal shooting of Shukri Adan Ibrahim Issaka.
Mutunga is linked to the murder of Shukri in the Mukuru area of Nairobi County on January 11, 2026, alongside his fellow officer Godwin Mwashuke Mjomba.
Issuing the stay orders, Lady Justice Aburili Roselyne Ekirapa on Monday, February 16, 2026, stated that judicial review proceedings take a shorter time than criminal cases once initiated.
The court noted that Mutunga has demonstrated, prima facie, at this stage, that unless a stay is granted, he will be prejudiced if his prosecution proceeds and the challenge is later found to have merit.
Further, the learned judge averred that she finds no prejudice will be suffered by the State or the family of the deceased, as Officer Mutunga can still be prosecuted for murder if the judicial review court finds that his application has no merit. She added that the matter shall be fast-tracked.
“I hereby hold that the leave so granted shall operate as a stay of taking plea of the applicant herein in Makadara High Court CR Case No. E007 of 2026, and that his prosecution, if at all, for the charge of murder as intended, shall await the hearing and determination of these proceedings, which shall be fast-tracked,” Judge Aburili ruled.