Didmus Barasa's Lawyer Seeks To Stop DCI, DPP From Arresting Him

The saga has since placed the lawmaker as a wanted man, with the DCI deploying an elite team to assist security officers on the ground in the ongoing manhunt.

Marvin Chege Marvin Chege
Aug 11, 2022 - 14:12 Updated: Aug 11, 2022 - 18:26
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Didmus Barasa's Lawyer Seeks To Stop DCI, DPP From Arresting Him
Kimilili MP, Didmus Barasa. /FILE

UPDATE 6.19 pm: Kimilili MP Didmus Barasa, through his lawyer John Khaminwa, has moved to court seeking anticipatory bail pending his arrest.

Khaminwa, in court papers filed at the High Court in Milimani, Nairobi, is seeking to block the Directorate of Criminal Investigations and the Director of Public Prosecutions (DPP) from arresting his client, adding that investigations have not been done yet. The legislator was labelled as the perpetrator in the murder of the aide of his opponent, Brian Khaemba of the Democratic Action Party (DAP-K).

The lawyer added that according to a reliable source, the deceased was part of a hit squad that was deployed from Nairobi and was in fact killed by a stray bullet due to wrangles with his confidants.

"Barasa has been branded a murderer without due process being followed thus prejudicing his right to a fair trial...hence the need for the court to grant him bail pending arrest," Khaminwa begged. He also wants his client's application certified as urgent. 

"No preliminary investigations have been undertaken but he has been branded as the perpetrator. Due to the negative publicity, he is wary of his safety and hence the need for the court to grant him bail pending arrest. He is fearful that if he is not granted bail, his security will be at risk."

The Directorate of Criminal Investigations (DCI) has given Kimilili Member of Parliament (MP) Didmus Barasa six hours to surrender to the nearest police station.

Barasa is on the run after allegedly killing an opponent's aide during an altercation at Chebukhwabi Primary School polling station in Kibingei ward.

The saga has since placed the lawmaker as a wanted man, with the DCI deploying an elite team to assist security officers on the ground in the ongoing manhunt.

Officers outside the DCI headquarters along Kiambu Road. /DCI

"Hon Barasa is wanted for the cold-blooded murder of Brian (Olunga), whom he shot on the forehead killing him on the spot, on Tuesday, August 8, at Chebukwabi in Kimilili, Bungoma county. 

"A specialized team of sleuths based from the elite Crime Research & Intelligence Bureau and the Homicide department has been dispatched to augment the teams on the ground for his manhunt," stated the DCI in part.

The investigating agency further warned that serious action will be taken against any person/s found to be harbouring the murder suspect.

The announcement comes hours after the Independent and Boundaries Commission (IEBC) refused to award his election certificate to his representatives.

The lawmaker, who vied on a United Democratic Alliance (UDA) party ticket, beat his opponent, Brian Khaemba of the Democratic Action Party of Kenya (DAP-Kenya) who got 9,497 votes. 

The MP and his competitors however did not show up for the vote-tallying process before the returning officer announced the results. The seat had also attracted Peter Makokha of ODM and Erastus Muchimudi of Jubilee.

Kimilili Returning Officer George Omondi said that the MP had to present himself at the tallying centre in person to get his certificate. 

He was handed a deadline of 24 hours to surrender by Bungoma County Commissioner Samuel Kimiti, appealing to members of the public to alert the police in case they spot him.

The matter also attracted the attention of the Director of Public Prosecutions (DPP), Noordin Haji, who directed the necessary security agencies to track down and arrest him.

A collage of Kimilili MP Didmus Barasa and DPP Noordin Haji. /VIRALTEAKE