Murder suspect Kelvin Kang’ethe has 21 days to make his formal application for bail and bond so that the courts can decide whether to release him or not before his extradition proceedings are concluded.
Kang’ethe is wanted in the US for the murder of his lover Margaret Mbitu whose body was found in their car at the Boston International Airport.
Chief Magistrate Lucas Onyina on Wednesday ordered him to file the application accompanied by affidavits after he hired another lawyer to represent him.
Kang’ethe had previously fired his lawyers after a falling out and alleged torture by police and prison officers while in custody.
His new lawyer John Ndengwa Maina had requested more time to receive instructions from the suspect since they met on Wednesday and didn’t have sufficient time.
The lawyer claimed that his client is currently detained unlawfully since the custodial orders issued on February 14 ended on February 29 and the Office of the Directorate of Public Prosecutions (ODPP) didn’t seek an extension of the same.
Kang’ethe was remanded at the Nairobi Area Remand and Allocation Prison pending application for bail after the ODPP requested he be held at the facility, following his escape from Mûthaiga police station where he had earlier been remanded.
His advocate also claimed that prison authorities are holding Kang’ethe at the maximum security side of the prison despite orders that he should be detained at the medium section.
Maina said Kangethe is struggling in prison as he’s always handcuffed even when going to the toilets.
But Onyina said the court cannot revise the detention orders and ordered that Kang’ethe remain at the facility until April 4 when the case will be mentioned for directions.
The suspect, 41, fled from the US after the murder of Mbitu on November 1, 2023.
He was arrested in Nairobi, early in February while leaving a club, after a manhunt, and detained at the Muthaiga Police Station.
Kang’ethe later escaped from the Muthaiga station, where he was to be held for 30 days ahead of possible extradition, under unclear circumstances.
He was re-arrested in Ngong a week later and remanded to the Nairobi Area Remand and Allocation Prison in the Industrial Area by Milimani Chief Magistrate Lucas Onyina.
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