Prosecution seeks 14 days to detain three suspects in Osotsi assault case

Three suspects linked to the attack on Vihiga Senator Godfrey Osotsi have been arraigned before a Kisumu court, with the prosecution seeking to detain them for 14 days to allow completion of investigations.

The suspects, Carlos Owiti alias Kalonje, Eric Otieno alias Dude and Vincent Odhiambo alias Tinga, were presented in court on Friday following their arrest in connection with the assault incident that occurred earlier this week in Kisumu.

The prosecution argued that it requires more time to conclude investigations into the case, urging the court to grant custodial orders.

However, the defence team strongly opposed the application, terming it a violation of the suspects’ constitutional rights and calling for their immediate release on bail.

Their lawyer told the court that police have developed “a trend of arresting, arraigning without charge and asking courts for more time,” insisting that “that trend must be stopped.”

“Once a report is made, investigations are carried out and once the offence is established and the person found culpable, someone is to record a rebuttal, and if that rebuttal is not enough, then that person can be arrested,” the defence argued.

The defence further questioned the basis of the charges, stating that key witnesses, including the complainant, had not recorded statements.

“In this case, the complainant and witnesses have not recorded a statement. But suspects are in court. So how do they establish that these suspects are the ones that committed the alleged offence,” the lawyer posed.

According to the lawyers, the suspects had voluntarily presented themselves to the police and were not arrested, dismissing claims that they could interfere with investigations or witnesses.

“One of the grounds is that suspects will interfere with witnesses, but witnesses have not recorded statements, so how would they know?” he said.

The defence also raised concerns over the health condition of the senator, who is currently receiving treatment, questioning how long the suspects would remain in custody pending his recovery.

“What if investigations reveal that suspects are not culpable? What happens? That’s a breach of constitutional rights,” the lawyer argued.

He further noted that the suspects have not been formally charged and there is no evidence to suggest they are a flight risk.

“These persons have not been accused, they’re only suspects. They’ve not been given bail or bond terms that they violated,” he said, urging the court to release them on bail and allow them to report to the investigating officer as required.

The prosecution, however, maintained that its application was made in good faith to facilitate completion of investigations.

The three suspects are linked to the Wednesday attack on Senator Osotsi at a Kisumu restaurant, where he was reportedly assaulted by armed individuals in what he later described as an assassination attempt.