The court has ordered the release of the cell phones of the six accused persons charged alongside Embakasi East Member of Parliament (MP) Paul Ongili alias Babu Owino.
The six Calvina Gaucho, Tom Odongo, Michael Otieno, Pascal Ouma, Kelvin Wambo and Willys Owino were charged alongside Babu Owino with planning to commit subversive activities.
The court early today heard that the orders granted by the chief magistrate Esther Kimilu on July 25, 2023, were not complied with.
The accused persons’ defence council Dancun Okatch told the court that police had not complied with the order to release the phones of the accused persons.
He told the court that only the cell phone of Babu Owino was released on that day of the ruling.
“Lack of release of mobile phones has created a lot of inconvenience to my clients and I am requesting this court to grant fresh orders to release of the gadgets,” Okatch said.
The court further heard that the orders released to summon the Officer Commanding the Station (OCS) Industrial Area police station were not complied with to respond on the issue of detaining a vehicle belonging to Tom Odongo.
On the issue of assault charges against Calvina Gaucho while he was detained in Kileleshwa police station, the court directed him to record a statement at the same police station or any other police station within the jurisdiction.
In his submission, Okatch told the court they have tried to no avail.
“Your honour we have tried to record a statement regarding the assault charges of the second accused person since the orders were released and up to date we have tried in several police stations to no avail,” Okatch said.
He told the court that they have tried to record the statement at Kileleshwa police station, Kilimani police station, Capital Hill police station and Regional Headquarters and the officers defied the court orders.
“I am wondering whether the government has given instructions to police stations not to accept our plea and record a statement,” the lawyer added.
Okatch was also seeking the sermon of the Kileleshwa police station (OCS) and Regional investigative officer to respond to why they terrorised his client while in custody and any other who was involved.
Okatch further told the court they are not yet been supplied with documents and statements to be relied on by the prosecution.
The court also heard that in the matter there are five police officers who will be testifying in the case and they requested the court to consider the hearing immediately.
In response, the prosecution told the court that they were not informed to seek sermon of the Kileleshwa police station OCS and Regional investigative officer identified as Kiprop – whom Gaucho allegedly identified during the assault allegations.
On the issue of mobile phones, Gachoka who led the prosecution team, told the court that the cell phones are still undergoing cyber forensic analysis and will be released immediately after the conclusion by the end of this week.
They requested seven days to respond to the issue of cellphones confiscation after receiving the report of cybercrime forensic analysis from the investigating officer.
The presiding magistrate ordered the cell phones of the six accused persons to be released within seven days.
He also ordered the defence council to be supplied with documents and statements to be relied on by the prosecution within 10 days.
The case will be mentioned on August 24, 2023, when the application from the defence will be heard.
