The court has granted the police permission to detain two men allegedly found in possession of a mobile phone belonging to one of the women murdered and dumped at an abandoned quarry turned dumpsite in Kware, Embakasi, Nairobi.
Amos Momanyi and Moses Ogembo, apprehended in Pipeline estate, Embakasi on July 16, will be held at Muthaiga police station for 28 days.
Principal Magistrate Irene Gichobi of Makadara Law Courts authorized the Directorate of Criminal Investigations (DCI) to transfer the suspects to another police station if necessary for their safety, upon notifying their lawyers.
Magistrate Gichobi acknowledged public impatience with court delays, referring to a recent incident in Murang’a where residents stormed a police post, leading to the release and subsequent lynching of a murder suspect.
“The case under investigation has provoked public outcry and emotions. While the respondents (Momanyi and Ongembo) are presumed innocent, their safety and the rights of the victims’ families must be considered to ensure justice,” stated Gichobi.
Inspector Patrick Wachira from DCI’s Homicide Unit informed the court that Collins Jumaisi, the main suspect, admitted to collaborating with two men to carry out the murders.
Wachira disclosed that Amos Momanyi was found in possession of a mobile phone registered to one of the deceased women, Roselyne Akoth, along with her two SIM cards.
Momanyi failed to provide a satisfactory explanation regarding how he came to possess the phone but asserted that he purchased it from Ongembo.
“During the arrest of Momanyi and Ongembo, the police managed to recover many exhibits including more than 154 assorted models of mobile phones, 27 assorted SIM cards, a national identity card, among other items which are of crucial evidential value to the ongoing investigations and which need more time to be submitted to forensic investigations,” stated Wachira.
Ogembo’s shop and house are active crime scenes pending forensic investigations, where the DCI hopes to uncover further incriminating evidence.
Inspector Wachira urged the court to grant the DCI 30 days to detain the two men, but their lawyer, Alex Ong’era, opposed the request. He argued that seven days should suffice for the investigations, citing that the DCI already has a prime suspect who is not one of his clients.
Wachira had earlier informed the court that Momanyi and Ongembo reside in rented accommodations in Pipeline estate, suggesting they do not have a fixed abode, and emphasized that their residences are active crime scenes.
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However, Ong’era countered that this does not justify prolonged detention, noting that Ogembo originates from Nyamarambe in South Mugirango, Kisii, and had family members present in court.
Nonetheless, Magistrate Gichobi emphasized the extensive list of items recovered from the suspects requires thorough investigation processes, necessitating sufficient time for the investigators.
“The investigating team needs adequate time to ensure thorough and comprehensive investigations. It is crucial for the public to uncover the truth, which can only be achieved with ample time dedicated to the investigative process,” Gichobi stated.
“In the end, I will allow the application and the final orders are that (Momanyi and Ogembo) will be detained at the Muthaiga police station for 28 days to enable the investigators and the prosecution to conclude the investigations. Counsel representing the respondents will liaise with the investigating officer (Wachira) on when, where, how and by whom the respondents will be allowed to engage with.”
Momanyi and Ogembo, along with Jumaisi, are scheduled to appear in court on August 16 for updates on the investigation progress.
The DCI is probing the murders of at least 42 women who were killed, dismembered, and discarded in sacks at an abandoned quarry.
Wachira reported that investigators have recovered at least 13 human remains from the dumpsite, which are currently housed at Nairobi Funeral Home awaiting further investigation.
