The High Court has stopped the Directorate of Criminal Investigations (DCI) from seizing medical records linked to former military officers accused of being recruited to join Russia’s war in Ukraine. At the same time, Edward Kamau Gituku, the man alleged to be at the centre of the recruitment network, has sued an investigator, accusing police of mishandling and detaining him unlawfully.
Justice Chacha Mwita ordered the DCI not to demand or access records from Universal Trends Medical and Diagnostic Centre and Inspocare Health Limited until October 8, when the case will be heard.
The DCI had written to the hospitals seeking the medical treatment records of Vincent Odhiambo and Duncan Moogi. Investigators also wanted details of who paid for the services and the identities of all patients whose bills were allegedly covered by Global Face Agencies, the entity suspected of coordinating the recruitment of Kenyans to join Russia’s forces.
“Unless restrained by this honourable court, the respondents are likely to proceed with unlawful interference with confidential medical records, thereby causing irreparable harm to our patients and facility thus exposing us to professional misconduct liability,” their lawyer Danstan Omari argued.
This application prompted Dr. Ndiritu Wangui and Dr. Isaac Maundu to move to court, claiming the DCI’s actions infringed on patients’ rights to privacy and dignity.
Gituku Petitions Court Over Mistreatment
Meanwhile, Edward Kamau Gituku, named as the key suspect in the recruitment, filed a case against investigator Sergeant Bramwel Saima. He alleged that Kahawa Law Court violated his rights when Senior Principal Magistrate Mwanamkuu Sudi allowed police to hold him for 10 days without giving him access to a lawyer.
Gituku told the court that officers subjected him to mental torture and physical abuse without explaining what offence he had committed. He denied any role in the alleged recruitment scheme.
“I have been subjected to excruciating mental and physical turmoil in the hands of the first respondent and besides praying that I be set at liberty pending the lower court proceedings, I pray that he appears before this court to explain as to why he mishandled me in the manner he has done without a justifiable cause,” Gituku said.
Investigators Defend Extended Detention
On Friday last week, Magistrate Sudi authorized police to detain Gituku for 10 days as they probed a suspected human trafficking ring.
Prosecutor Kevin Kamau told the court that investigators needed more time to unravel the complex case. “The extent of the investigations is quite expansive, we are currently pursuing other persons that are involved in this and we believe the respondent is likely to jeopardise the integrity of the investigation,” said Kamau.
In a sworn affidavit, Sergeant Saima stated that Gituku was the tenant of several apartments at Great Wall Garden Estate, where authorities discovered a group of victims allegedly awaiting recruitment.
The High Court will revisit both matters on October 8, setting the stage for critical rulings in a case that has drawn national and international attention.
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