Custody horror: Tuju's arrest sparks outrage over inhumane police treatment

The arrest and subsequent handling of former Cabinet Secretary Raphael Tuju have raised fresh concerns over police conduct in the country, with questions emerging about the treatment of suspects in custody, and whether due process was observed in a case that has now resulted in a political and legal showdown.

At the centre of the controversy is not just the dramatic arrest of Tuju on Monday at his Karen residence, but what followed thereafter.

Tuju was detained for hours in a police cell despite his deteriorating health and denied access to hospital care. He was eventually rushed for treatment.

By Tuesday morning, Tuju’s condition is said to have worsened significantly. A video circulating online showed the former minister lying on the floor of a police cell, covered, receiving oxygen from a tank placed beside him, as doctors attended to him in a confined and ill-equipped room.

His lawyers later said that his blood sugar levels had dropped and his blood pressure had become unstable, which is a situation they said required urgent hospital intervention.

Yet, despite the apparent medical emergency, Tuju was not immediately transferred to a hospital. Instead, doctors were allowed into the police station to stabilise him overnight.

That decision, whether pragmatic or negligent, now lies at the heart of a growing discourse on whether that was an attempt to preserve life under difficult circumstances, or an example of inhumane treatment by officers unwilling, or unable, to follow basic standards of care. On Monday evening, an ambulance that had been dispatched to transfer Tuju to Karen Hospital was denied entry into the police station, with only the doctors being let in.

According to his lawyers, repeated pleas for his evacuation were ignored, even as his condition deteriorated.

“All through the night, he was held in a very cold cell without the facilities he needed. For over 18 hours, the officers did not listen to pleas from lawyers, family or even medics. His situation worsened because he was denied proper care,” said Eugene Wamalwa, his lawyer and also the leader of the Democratic Action Party of Kenya.

Wamalwa painted a grim picture of the conditions in which Tuju was held, linking the deterioration of his health directly to the refusal by the police to allow hospital treatment.

“The facilities that could have stabilised him were denied. His sugar levels dropped. His pressure rose. He is now undergoing scans to assess the damage to his spine,” he said.

The reference to his spine is particularly significant, according to Wamalwa. He said that Tuju has a pre-existing back condition stemming from a serious road accident years back, an injury that was worsened during his arrest when officers allegedly forced him into a police vehicle.

It is this sequence of alleged manhandling, prolonged detention, and denial of hospital care that has prompted accusations of inhumane treatment. And it is here that the legal questions begin to deepen.

Abel Nabutola, an advocate, speaking on the matter, questioned both the necessity and legality of holding Tuju in custody given his condition and the nature of the alleged offence.

“He has not been declared a flight risk. He is not a danger to society. So the question is, why were they holding him?” said Nabutola.

Tuju, according to the Office of the Director of Public Prosecutions, was to be charged with giving false information to a police officer, specifically, that he had allegedly reported being trailed by unknown individuals.

According to Nabutola, the charge itself raises procedural concerns. “Who has investigated and determined that the statement he gave was false? Where is that investigation report?” he said.

He argued that such determinations cannot be made hurriedly, and certainly not within hours. “People don’t make roadside conclusions. There must be an investigation,” he said.

Nabutola questioned whether the detention of Tuju was necessary at all.

“He should have been summoned, given a personal bond, and allowed to seek treatment. The issue of his medical condition now becomes paramount because what if he dies?” he said.

The police service has, in recent years, faced repeated accusations of controversial deaths in custody. Against that backdrop, the decision to hold an ailing suspect in a cell, rather than facilitate hospital care, is not just questionable, but familiar.

Tuju was rushed to Karen Hospital on Tuesday shortly before noon, a move sources familiar with the matter said came only after Inspector General of Police Douglas Kanja was informed of his deteriorating condition and stepped in.

At the hospital, Tuju was admitted under tight security, with police officers stationed outside his ward. When opposition leaders and lawyers visited him, they reported that he was still in pain, wearing a neck support and undergoing further medical evaluation.

“The doctors told us his blood pressure was irregular and that certain procedures could only be done in a hospital setting, which he had been denied overnight,” said Kalonzo.

Kalonzo said that the ordeal of Tuju is part of a broader pattern of harassment. As the legal and medical questions unfolded, the matter took on a political dimension, with a war of words erupting between the government and opposition leaders.

Speaking in Siaya, President William Ruto dismissed claims surrounding Tuju’s disappearance, accusing unnamed individuals of misleading him.

“The other day, they went and lied to Tuju that he goes and hides in his bedroom and says he has been abducted. Tuju needs honest friends. He doesn’t need scavengers trying to benefit from his misfortune,” said Ruto.

The remarks appeared to target opposition leaders who had rallied around Tuju, but they instead triggered a fierce backlash. “We have no problem being called scavengers. But we follow the law. Tuju is entitled to his constitutional rights,” said Kalonzo.

He went further, directly linking Ruto to the long-running dispute over Tuju’s Karen property, a claim that has been circulating in public discourse but remains unproven.

“Raphael is being harassed and persecuted by the government and now we know it is not just the government, it is the famous milk and eggs farmer, the chicken seller. Now, we have information that the officers are here because of William Ruto’s order. If he wants, the police can leave this place. He just said he is the true friend of Tuju, then he should help us remove the officers who are doing their duty in accordance with what he has ordered and given direct instructions,” said Kalonzo.

He added: “So we ask this true friend of Tuju, who has called us scavengers, and he is the vulture who has shown the title deed of the Tuju property to Oburu Oginga. That is from what he said when he asked Ruto why he was harassing Tuju with police officers at his property and the president sent him the title deed. We ask him to return the property of Tuju,” said Kalonzo.

DAP-K leader Eugene Wamalwa was even more direct, accusing the President of having a personal interest in the property at the centre of the dispute.

He alleged that the property had been acquired by Ruto through a proxy and challenged the President to clarify his involvement.

“If we are scavengers, then you are the vulture. Where did you get the title deed? If you are an honest friend, return the property. We want to say this, William Ruto, how much is enough for you? How much land is enough for you? We dare ask today. And we want to say that we have seen greed in terms of leadership, even in the Bible,” said Wamalwa.

Wamalwa also framed the treatment of Tuju as politically motivated, linking it to past tensions between him and the president and his association with opposition politics.

“If you are talking about honest friends, first of all, be an honest friend of the Luo nation, and tell them the truth. If you had bought this property by proxy, you are ready to return it to Raphael Tuju. That will demonstrate true friendship. But for us, who are true friends of Tuju, we will not stop fighting for Tuju. There are court orders that have stopped the auction. It was a forced auction. It was undervalued. These matters are still in court. So why is Tuju being treated like a terrorist? Why is he being manhandled and mishandled by the Ruto government? And today, you are in Nyanza, hobnobbing with the leadership of Luo Nyanza, and telling them there is nothing you can do,” said Wamalwa.

“Why is Tuju being treated like a terrorist? This is a civil matter being criminalised. We know what happens when power driven by greed can take property from citizens. It has happened before. So we are saying, as long as we are here, we are going to fight for our brother, we will fight for justice, we will fight for the truth, and we will not let you get off easily with this,” he concluded.