The High Court has certified as urgent an application demanding the state to produce Philip Nahashon Aroko in court.
Aroko, through his legal team led by advocate Danstan Omari, has filed suit against the Director of Criminal Investigations, the Inspector General of Police, the Attorney General, and the Office of the Director of Public Prosecutions. The legal action challenges his continued detention without due process.
Aroko was taken into police custody shortly after midnight on Wednesday and has remained detained for nearly 48 hours. Despite multiple attempts by his lawyers to have him brought before a court, the state has not complied—prompting the legal team to seek urgent redress from the High Court.
According to court documents, the judge has acknowledged the urgency of the matter and directed the state to produce Aroko before Justice Alexander Muteti on Monday, May 12, 2025, at 10:00 A.M. At that hearing, the respondents must explain why Aroko should not be released on bail or justify his continued detention under the law.
Aroko’s lawyers argue that since his arrest, authorities have denied him police bail, blocked access to his family, and hindered legal efforts to secure his release. They contend that these actions violate Article 49(1)(f) of the Constitution, which guarantees the right of an arrested person to be brought before a court within 24 hours, and Article 51(1), which protects the rights of detained individuals.
The legal team further accuses the state of demonstrating a troubling disregard for these constitutional rights. They warn that there is a real and immediate risk that the authorities intend to unlawfully extend Aroko’s detention under the pretext of ongoing investigations, in clear violation of legal and constitutional standards.
