The Murang’a Law Courts have struck a blow for constitutional liberties, ordering the immediate release of former Mwea MP Peter Njuguna Gitau and scolding the National Police Service for turning detention into a tool of punishment without trial.

In a ruling that exposes the continued defiance of the 24-hour rule by law enforcement, Senior Resident Magistrate Eric Analo dismissed a police application to hold the politician for an additional 21 days. The police had sought the extension to investigate an alleged motor vehicle theft, a claim the defense dismissed as a "fishing expedition" disguised as an investigation.

"Not a Substantive Case"

The drama unfolded when the prosecution admitted that despite holding Gitau since the night of January 14—well beyond the constitutional limit—they had yet to prefer formal charges. The defense, led by lawyer Robert Ndumbi, argued that Gitau was being "shuttled like a ping-pong ball" between DCI headquarters in Nairobi and Murang’a to frustrate him.

• The Ruling: Magistrate Analo termed the application a "miscellaneous" attempt to circumvent the law. "Continued detention without formal charges amounts to a violation of the suspects' constitutional rights," he ruled.
• The Bail Terms: Gitau and four co-accused were released on a cash bail of KES 500,000 each or a bond of KES 1 million, effectively restoring their freedom while investigations continue.
• The Pattern: This case highlights a worrying trend where the "hold first, investigate later" culture persists in the police service, often used to settle political or business scores.

The Theft Allegation

The core of the dispute involves a vehicle reported stolen in Murang’a in November 2025. Gitau’s legal team maintains the matter is a civil commercial dispute being criminalized to force a settlement. "You cannot use the criminal justice system to collect debts," Ndumbi argued in court.

As the former MP walked out of the court cells to the cheers of supporters, the message was clear: the judiciary is increasingly unwilling to play rubber stamp to police lethargy. The DCI has been given a strict timeline to either charge the suspects or close the file, ending the limbo that has hung over the politician’s head for a week.