The High Court in Nairobi has pressed prosecutors to explain why a murder suspect in the killing of Kasipul MP Charles Were was brought before a little-used courtroom at Jomo Kenyatta International Airport (JKIA), bypassing the capital’s main courts.
Justice James Wakiaga gave the Office of the Director of Public Prosecutions (ODPP) seven days to file written submissions justifying the decision. The court is probing whether proper legal procedures were followed in the arraignment of Abel Ochieng—also known as Dave Calo—Director of the Lake Basin Development Authority.
The move raises questions about transparency and due process in one of the country’s most sensitive murder investigations.
Ochieng is accused of playing a role in the high-profile killing of MP Charles Were, whose death last month sent shockwaves across political circles. He was arraigned and detained at the JKIA Law Court through a miscellaneous application by the Directorate of Criminal Investigations (DCI).
On Tuesday morning, Justice Wakiaga expressed concern. “Why was this matter brought to JKIA and not to Kibera or Milimani Law Courts?” he asked in open court. These two courts typically handle such serious cases, particularly those involving public figures.
The ODPP, through State Prosecutor Irene Gichuhi, defended the decision.
“There were credible security concerns,” Gichuhi said. She added that the JKIA court offered better protection, especially given fears of public unrest and potential threats against the accused.
She also claimed the case involved elements of organised crime, arguing that JKIA’s enhanced jurisdiction over complex criminal matters—including those tied to national security—made it a suitable venue.
But the explanation did not fully convince the court. Justice Wakiaga instructed the prosecution to provide detailed legal arguments backing their choice of venue. The next hearing is scheduled for May 28.
Legal experts say the outcome could set a precedent on how courts are selected in politically charged or high-risk cases.
Meanwhile, the defence is pushing to have the case transferred to a more conventional court, alleging procedural irregularities and potential bias.
At the heart of the matter is not just a murder investigation, but also the credibility of Kenya’s judicial process. And as the country watches closely, the courts are under pressure to ensure that justice is not only done—but seen to be done
