Kang'ethe alleges torture as extradition stalls after fallout with lawyers

 

Kelvin Kang'ethe, wanted in the US for allegedly murdering his girlfriend, is claiming he was tortured and brutalised by the Kenyan police and prison authorities.

He made the allegation as it emerged the murder suspect had fallen out with his lawyers who have since withdrawn from the case.

Two weeks ago, Kang'ethe was rearrested and detained at Industrial Area Remand Prison after his dramatic escape from Muthaiga police station following an earlier arrest.

The state wants him extradited to the US where he is wanted for the murder of his girlfriend Margaret Mbitu.

On Tuesday when the matter came up in court, Kang'ethe told Milimani chief magistrate Lucas Onyina he had been tortured and had marks on his hands and body.

The case was coming up for directions on hearing his bond, pending the extradition proceedings, but his lawyers were missing.

"I do not wish to continue with bond/bail arguments for now without legal representation," Kang'ethe said.

That was after the court was informed that counsels who had previously gone on record on his behalf had fallen out with Kang'ethe and abandoned the case.

Prosecutor Vincent Monda had earlier informed the court they were ready to proceed with the bond hearing and have expedited extradition proceedings to have the matter concluded.

"We had notified the defence counsels of today's mention date via email and they had acknowledged receipt. We want these proceedings expedited," Monda said.

Kang'ethe, however, opposed prosecution request and asked the court to order he be allowed to access his mobile phone to contact a lawyer of his choice.

He said he had suspected foul play and collusion, given that his lawyers were seconded by the Directorate of Criminal Investigations.

"The lawyers who have been acting on my behalf were seconded to me by the DCI. I wonder why the agency involved in the investigations against me should be the ones offering me legal representation," Kang'ethe said.

He said detectives had directed that anyone interacting with him must be processed by the DCI headquarters.

"They said I cannot talk to anybody, even lawyers, without approval from DCI headquarters. The reason they gave me was that it was for my own safety," he said.

He told the court he would be able to get a lawyer if he were allowed to access his mobile phone and make phone calls.

"That will take me just a day and can be done by today," he said.

The phone is being held by the state.

The magistrate directed that Kang'ethe be allowed to access the phone to contact a lawyer of his choice for representation. The case will be mentioned again on March 1.

Kang'ethe had alleged mistreatment in prison and torture by police officers who rearrested him in Ngong after he had escaped from Muthaiga police station.

The prosecution had argued that the issues of torture ought to have been raised by Kang'ethe's lawyers who were not in court.

"I am not familiar with Kenyan court procedures and thus did not know when to speak about it. I have been tortured and brutally handled since the arrest in Ngong," Kang'ethe said.

The state wants Kang'ethe extradited to face a first-degree murder charge in connection with the killing of Mbitu on October 31, 2023, in the US state of Massachusetts. The killer left her body in a locked car in the airport garage and boarded a flight for Kenya.

BY PETER OBUYA