Former Cabinet Secretary Raphael Tuju's trial took a new turn on Tuesday after a Directorate of Criminal Investigations (DCI) officer told a Kibera court that a person could not be abducted while inside their own residence, as he defended the police operation that led to Tuju's arrest.
Sergeant Moses Mongera, a DCI investigator attached to Karen, made the remarks while testifying in the case on Tuesday, in which Tuju is charged with giving false information. His evidence focused on the events surrounding police surveillance at Tuju's Karen home after a report was made that the former Cabinet Secretary was missing.
The officer told the court that on March 23, 2026, he reported to Karen Police Station at about 6am before being assigned two officers to monitor Tuju's residence in Mwitu, Karen.
According to Mongera, the deployment followed a report made the previous day regarding Tuju's whereabouts. Police had also received information that Tuju had allegedly been trailed several days earlier.
He testified that the Officer Commanding DCI Karen instructed the team to maintain surveillance while waiting for a court order that would allow officers to enter the property and establish whether Tuju had been abducted.
"We were to do surveillance as we wait for a court order. Surveillance entails monitoring to get the truth," Mongera told the court.
The investigator said officers remained outside the compound after they were denied access to the residence.
He further testified that at around 11am, about five vehicles, including Land Cruisers, arrived and were allowed into the compound. At approximately 1.30pm, Tuju emerged from the residence accompanied by several lawyers, among them Kalonzo Musyoka.
Mongera said the officers immediately informed their superiors, who later arrived at the scene and spoke to the legal team before Tuju was escorted to Karen Police Station to record a statement.
According to the investigator, Tuju was arrested at the police station before being charged with giving false information.
When asked by the prosecution whether someone could be abducted while inside their own home, Mongera replied, "Nobody can be abducted in his residence."
During cross-examination, however, Tuju's defence sought to challenge the officer's account, questioning whether police had established that Tuju was actually missing before launching the operation.
Mongera admitted that although he was part of the surveillance team, he remained stationed at the gate and did not personally see Tuju inside the house before he later emerged.
"I did not see him," the officer said when asked whether he had seen Tuju at the residence.
The defence also highlighted inconsistencies in the officer's testimony regarding the reports that prompted the police operation.
While Mongera initially testified that the missing-person report had been filed by Tuju's son, Manu, he changed his account after being shown the report in court, saying it had instead been made by a security guard from West Nairobi School.
He also struggled to identify who had made an earlier report alleging that Tuju had been trailed, telling the court he was aware of two separate reports—one concerning the alleged trailing of Tuju's vehicle and another involving either a missing person or an abandoned vehicle.
The defence further pointed to inconsistencies over the number of vehicles that arrived at Tuju's residence. Although Mongera told the court that five vehicles entered the compound, his written statement indicated there were six.
The prosecution told the court it still intends to call about 10 more witnesses. However, the defence urged the prosecution to reduce the number of witnesses in a bid to expedite the trial. The prosecution acknowledged the request and said it would consider it.
The case will resume on September 10, 2026, for further hearing.