After spending more than 12 hours in police custody without being presented in court, lawyers representing businessman Philip Nahashon Aroko have filed an urgent petition demanding that he be produced in court, either “alive or dead.”

Aroko, who, the Directorate of Criminal Investigations (DCI) said is a person of interest in the ongoing investigations into the death of Kasipul MP Charles Ong’ondo Were, was detained on Wednesday night after presenting himself at Gigiri Police Station.

In the application filed Thursday at the Milimani High Court, Aroko’s lawyers Danstan Omari and Sam Nyaberi asked the court to compel the DCI and Inspector General of Police Douglas Kanja to present their client before any court without further delay.

“Pending the hearing and determination of this application, this Honourable Court be pleased to direct the 1st respondent (DCI) and the 2nd Respondent (IG), either singularly or jointly with the Attorney General and the Director of Public Prosecutions, to immediately and unconditionally present the applicant (Philip Aroko) before this court to be dealt with according to law,” reads part of the petition.

Omari also wants the court to order Aroko’s unconditional release from what he terms “unlawful and illegal custody.”

In a supporting affidavit, Omari states that Aroko has no involvement in the MP’s murder and is willing to cooperate fully with investigators.

The petition reveals that Aroko was scheduled to be presented at the JKIA Law Courts at 9 a.m. Thursday, but by the time of filing the application, he had not appeared in any court in the country.

“Since his detention, attempts by his counsel, family members, and associates to access him or secure his release on police bond have been actively frustrated,” Omari stated, citing concerns about Aroko’s safety and constitutional rights.

The petition argues that Aroko’s continued detention violates Article 49(1)(f) of the Constitution, which guarantees that an arrested person must be presented before a court within 24 hours.

“The Respondents’ conduct has already demonstrated a troubling disregard for constitutional protections,” the application reads.

The petition paints a picture of a respected figure now caught in a web of political intrigue and arbitrary enforcement.

Aroko has maintained that he had no knowledge or involvement in the murder of Hon. Were and that he had always been willing to assist in the investigations in any lawful manner.

In an affidavit, Omari asserts that Aroko’s detention is politically motivated and “part of an orchestrated effort to publicly shame, isolate, and intimidate him.”

“The Applicant verily believes that his unwarranted arrest and the public vilification campaign preceding it have been orchestrated to prevent him from attending the funeral of the late Charles Were today, May 9, 2025, in Homabay county,” states Omari

Omari wants the immediate presentation of Aroko before a competent court or, alternatively, unconditional release from unlawful custody.

Aroko’s lawyers insist that no credible evidence has been presented to justify his continued detention, and argue that any further holding of their client would be “vindictive, unnecessary, and a clear violation of the rule of law.”

“This is not a plea for special treatment,” Omari emphasized.

 “It is a plea for lawful treatment, the kind that every Kenyan citizen is entitled to.”