The Prosecution has asked a Milimani court to extend the detention of Samuel Karanja Gathoni, alias Wakili, by 14 days to allow the Witness Protection Agency (WPA) to complete arrangements to place him under its protection after he allegedly provided crucial information in the murder investigation of lawyer Dr Victoria Mutiso.
In an application filed on Thursday, October 1, 2026, the DCI said the prosecution intends to use Gathoni as a state witness and that the information he has disclosed to investigators has exposed him to significant security risks. Police Corporal Romana Odour, an officer attached to the Homicide Investigations Department, said in a supporting affidavit that the agency had formally notified the WPA of its intention to use Gathoni as a prosecution witness. The court was told that the WPA had already interviewed Gathoni on September 24, 2026, regarding the information he had provided to investigators and was in the process of making arrangements to admit him into its protection programme.
However, the DCI said the process required additional time, citing the high level of risk involved and the fact that some suspects in the case were still at large. “The third respondent gave crucial information to the investigating team, hence the ODPP and investigating team intends to use them as prosecution witness,” the affidavit states. The investigating officer argued that the continued detention was necessary to allow the agency to complete the arrangements and transfer Gathoni to a safe house.
The prosecution further cited the likelihood of interference with witnesses, the need to apprehend additional suspects, the vulnerability of key witnesses, pending forensic examinations and the risk of collusion or destruction of evidence as reasons for seeking the extension. It argued that the circumstances required additional time to protect the integrity of the investigations as well as the safety of the proposed witness. The application also states that the initial 30-day detention period granted by the court had not been sufficient for the WPA to complete the process of placing Gathoni under its protection.
The DCI is seeking orders allowing Gathoni to remain in lawful custody for a further 14 days as the agency finalises the arrangements. The application was brought under Article 49(1)(f) and (g) of the Constitution and Section 36A of the Criminal Procedure Code, which the prosecution cited in support of its request for continued detention. Gathoni is the third respondent in the application, alongside Police Constable Collins Bett Kiplangat and Pius Muiru Mbugua, alias Headboy, who are facing murder-related proceedings.
According to the affidavit, Bett and Mbugua have been formally charged with murder contrary to Section 203 as read with Section 204 of the Penal Code in connection with the case and are scheduled to take plea on October 6, 2026. The three respondents were initially arraigned in court on September 2, 2026, when the DCI obtained a 30-day detention order to facilitate investigations. The latest application seeks a further 14 days specifically to enable the WPA to complete the process of placing Gathoni under its protection.
The court is expected to determine whether to grant the extension sought by investigators.
