Tension filled the Kahawa Law Courts on July 9, 2025, when state prosecutors suddenly walked out during the hearing of Manyatta MP Gitonga Mukunji’s case. The drama began after the court allowed the defence team to cross-examine the lead investigator behind closed doors.
Chief Magistrate Richard Koech ruled in favor of the defence, permitting them to question Chief Inspector Desterio Omukaga, a Directorate of Criminal Investigations (DCI) officer. The defence lawyers, representing MP Mukunji, journalist James Mbochi, and boda boda rider Stanley Mbuthi, said this was necessary to test the truth of the officer’s claims.
Following the magistrate’s ruling, State Counsel James Machira and his team left the courtroom in protest. They argued that the court did not have the authority to allow such questioning and filed a motion to strike the ruling from the court record.
However, Magistrate Koech stated that the Office of the Director of Public Prosecutions (ODPP) and the police had already accepted the court’s authority by filing the case. He said the defence had the right to challenge any evidence, and so the cross-examination would go ahead.
Inspector Omukaga had claimed in an affidavit that MP Mukunji helped fund violent acts during the Saba Saba protests held on July 7, 2025. He said a diary marked “KYPA” contained records of money paid to people for setting fires and attacking police officers. He also said the accused were arrested in a car with no number plates.
Despite the prosecutors leaving, the court continued with the proceedings. Investigations are still ongoing, including cyber and financial analysis. The case is expected to resume once the court reconvenes.
By Kenyans