A Milimani court has ordered six respondents to be detained for 10 days to allow detectives to complete investigations into alleged illegal possession of firearms and ammunition. 

The six,  five of them serving police officers, will remain in custody for 10 days at the Capitol Hill Police Station.

Chief Magistrate of the Milimani law courts, Lucas Onyina, ruled that the prosecution’s application had met the threshold, directing that the matter be mentioned on October 9 to review progress.

“The application has met the threshold in respect of the offences under investigation,” added the Magistrate

He further instructed the investigating officer to ensure the suspects enjoy all rights guaranteed under the Persons Deprived of Liberty Act.

“The investigating officer must ensure the respondents enjoy all rights provided under the Persons Deprived of Liberty Act,” the Magistrate said.

The prosecution had initially sought 14 days, arguing that releasing the officers would jeopardise investigations.

The State counsel told the court the case, which was first filed in Court 5, had since been moved to Court 1.

Investigating officer Hillary Kimuyu said the arrest of the suspects had advanced the probe, with inventories of recovered items already filed.

The suspects face allegations of possessing ammunition without valid certificates, handling firearms contrary to the Firearms Act, and conspiracy to commit a felony.

Police said some of the weapons were seized from the homes of the second and third respondents.

Prosecutors argued the officers could interfere with exhibits stored in armouries, destroy evidence, or frustrate efforts to trace accomplices. 

They also described the sixth respondent as a flight risk due to his ties to Lokichogio on the Kenya–Sudan border.

Detectives added that ballistic reports on the recovered firearms were pending, and the suspects’ phones were yet to be forensically examined.

“The sixth respondent poses a flight risk given his links to Lokichogio on the Kenya–Sudan border,” stated the prosecution.

Defence lawyers opposed the application, noting the respondents had already spent three days in custody. They argued the state had not shown how they could tamper with forensic evidence.

Danstan Omari, for the fourth respondent, said his client, a chief inspector, was being unfairly targeted, insisting his role was limited to repairing defective firearms.

He added that Sh550,000 seized from his client’s home was meant for his child’s university fees.

“My client is a chief inspector whose work is limited to repairing defective firearms. He never handled live weapons.”

“The Sh 550,000 found at his home was for his child’s university fees, not crime proceeds.,” Omari, for the 4th respondent, told the court.

Advocate Shadrack Wamboi cited his client’s fragile health, while lawyer Cliff Ombeta dismissed flight risk claims, noting the officer had a fixed residence.

The defence further argued that the application violated Articles 24, 45, 49 and 50 of the Constitution and urged the court to grant bail or bond.

“This officer’s fragile health must be considered. Since contracting Covid-19 in 2021, he has suffered persistent chest problems and requires supervision,” Wamboi said.

“This application offends Articles 24, 45, 49 and 50 of the Constitution. The respondents deserve bail, not prolonged detention,” the defence team added.

The five, Charles Lotira, Ileli Cyrus, Samson Murithi, Wesley Sang and Paul Kipketer are charged alongside Isaac Kipngetich.

The case stems from the September 25 arrest of Corporal Kipngetich, an armourer attached to Turkana County Police Headquarters, who was intercepted in Nairobi while driving a Toyota Passo.

Detectives recovered 1,007 rounds of 5.56mm ammunition hidden inside a backpack.

Kipngetich, who was on annual leave, was arraigned the following day.

Investigators allege the ammunition was destined for criminal networks behind banditry and violent raids in the North Rift.

His arrest sparked concern within the police service, given his sensitive role as an armourer.