A trader accused of murder was on Wednesday charged in a High Court in Meru after a magistrate’s court threatened to set him free .
Tigania Principal Magistrate Gathogo Sogomo had ruled that it was wrong for police to continue holding Joshua Kileru in their cells after their seven-day extension elapsed.
Mr Kileru is accused of running over six residents and stabbing two others, killing one at Muriri market in Meru County early this month.
The prosecution quickly said they would present him in court to answer to the murder charges.
Mr Sogomo had observed that police had twice successfully sought time to hold the suspect as they conducted investigations and it was against the law to extend it without seeking permission.
“Today you have not brought the suspect in court or furnished the court as to the progress of your investigations, any further detention would be against Article 29 A of the Constitution… This court strikes out the matter under section 85 of the criminal procedure code,” he ruled.
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But, the prosecution informed the magistrate that they had taken the suspect to the High Court in Meru.
Moments later, Mr Kileru was presented before Lady Justice Ann Ong’injo where the judge ordered that he be presented with a lawyer so that he can take plea on November 5.