The High Court has ordered the government to produce businessman Phillip Aroko in court by Monday, following concerns over his continued detention without being arraigned or released on bond.
The businessman was arrested on Wednesday after he surrendered to police following a summons in connection with the murder of Kasipul Member of Parliament Charles Were.
On Friday, Justice Muteti, who certified the matter as urgent, issued the directive after a petition was filed by Aroko’s legal team seeking his immediate release or formal arraignment.
The judge instructed that the application be served to the respondents by 3pm today (Friday) and further directed the respondents to file their responses by Monday.
In his ruling, Justice Muteti emphasized that the State must appear before the court on Monday to show cause as to why Aroko has not been presented in court or granted bond.
The legal team representing businessman Aroko has expressed serious concerns about what they describe as a flagrant violation of his constitutional rights and due process.
According to an affidavit filed in the High Court, Aroko has been detained without charge and denied access to his legal counsel, family, and friends.
His lawyers claim that authorities have ignored multiple appeals for his release on reasonable police bail, and they have yet to provide any legal justification for his continued detention.
“This is a clear, calculated, and unlawful affront to both constitutional guarantees and the basic dictates of due process,” the affidavit reads.
Aroko’s legal team, led by prominent lawyer Danstan Omari, is urging the High Court to intervene, warning that the authorities may intend to detain their client for longer than the Constitution allows without first presenting him to a magistrate.
