Lawyer Willis Otieno has raised concerns over the handling of seven Daystar University students who were detained over the death of their colleague, Lorna Kathambi, before CCTV footage confirmed she fell while attempting to move between balconies.
The lawyer said the arrests and custodial orders issued against the minors highlighted gaps in how investigative agencies apply constitutional safeguards.
The students had been taken into custody after Kathambi’s death, prompting a public discussion on whether police acted within the law before the evidence was fully reviewed.
CCTV footage later showed that the deceased slipped and fell, ruling out the possibility of foul play and leading to the release of the students.
The case has revived long-standing questions about the balance between urgent investigations and protecting the rights of suspects, particularly minors.
In a statement posted on X, Otieno criticised what he described as a growing pattern of “arrest first, investigate later.”
He argued that the Constitution demands a higher threshold before minors are placed in custody, especially when they do not present a flight risk.
“The issuance of detention and custodial orders in this instance raises serious procedural and constitutional concerns,” he said.
Otieno added that the courts had alternative options under Sections 87 and 88 of the Criminal Procedure Code, including releasing the students on free bond or issuing summons.
He said Articles 50 and 53 of the Constitution obligate state agencies to consider the rights of children when making decisions that restrict liberty.
His remarks echo previous debates in Kenya, where civil society groups have pushed for reforms to curb arbitrary detentions and ensure investigations rely on evidence rather than suspicion.
The incident has also sparked renewed scrutiny of police conduct in cases involving university students, a demographic that has frequently raised concerns about profiling and heavy-handed law enforcement.
Kenya has witnessed similar disputes in past investigations, where suspects were detained for extended periods before being cleared by available evidence.
The investigation now focuses solely on reconstructing the events leading to Kathambi’s fall, with authorities confirming that no other individuals are under suspicion.