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Police hold on Nation writer’s clothes and laptop

A Nairobi court will on Monday next week rule on whether items police took from Nation journalist Walter Menya will be returned.

Senior Principal Magistrate Martha Mutuku set the date on Wednesday following prosecution’s request to continue holding the items for two more weeks.

According to State counsel Daniel Karuri, the items have been submitted to the Government Chemist for analysis.

Mr Karuri also said they are yet to decide whether to charge Mr Menya because their investigations are not complete.

Lawyer Nelson Havi, for the journalist, protested the prosecution’s request to continue holding Mr Menya’s phone, laptop and its charger.

Other items in police custody are two flash disks and the clothes he was wearing on the day he was arrested in Nairobi.

These items, Mr Havi told the magistrate, were unlawfully seized because police did not have a search warrant.


He said police were breaching the law by holding the items yet the writer had not been charged with any offence.

The magistrate said she would rule on the matter on Monday afternoon.

Mr Menya was arrested on June 18 and spent two nights in police cells before being released unconditionally.

Police accused of him of “taking a bribe to write a damaging story” but they are yet to prove their allegations.

Director of Public Prosecutions Keriako Tobiko had directed that the journalist be freed on a free bond, which would have meant that he was liable to being summoned by the police anytime.

However, Mr Havi, senior lawyer James Orengo, former Law Society of Kenya boss Apollo Mboya told court that the journalist needed to be released unconditionally and not as per Mr Tobiko’s request.

The court set the writer free without conditions.