Three suspects in Ong’ondo Were’s murder denied bond to protect witnesses
Prosecution told the court they have reportedly expressed fear for their safety and are currently under witness protection
he Kibera High Court has denied bond to three suspects charged with the murder of Kasipul MP Charles Ong’ondo Were after the prosecution established compelling reasons for denial of bail.
In a ruling delivered on Thursday, Lady Justice Diana Kavedza denied William Imoli Shigali, alias Imo; Edwin Odour Odhiambo, alias Machuani; and Ebel Ochieng, alias Dave Calo, bond , stating that the grave nature of the charges, combined with existing relationships with witnesses, increases the likelihood of such interference, especially given the organised and coordinated manner in which the offence was allegedly committed.
“The prosecution asserts that key witnesses are close relatives and acquaintances of the accused. These witnesses have reportedly expressed fear for their safety and are currently under witness protection, which itself suggests a serious perceived threat,” ruled Kavedza.
The court went ahead and noted that on June 3, the accused persons uttered a phrase in court such as ‘Who is this?’ Who does not want us to be released? We shall believe,’ directly aimed at the prosecution, noting such behaviour, including the open issuance of death threats in a court of law, is deemed an egregious manifestation of calculated and malicious intent to instill fear.
“This threat, made in a public setting, could not be ignored by witnesses, court officers, and the investigating officer,” ruled Kavedza.
The Director of Public Prosecutions (DPP) had on June 16 filed an application seeking that the court deny the accused persons’ bond pending the hearing and determination of the murder case against them.
The DPP persuaded the court to consider that there is a likelihood of witness interference, threat of absconding, and threat to public order and safety as reasons to deny the accused person’s bond.
Although three suspects were denied bond, the court has set September 22 as the date for a bond hearing for two more suspects, namely Isaac Kuria Chege, alias Kush, and Allan Omondi Ogola.
In an affidavit to oppose the bond filed by an inspector of police attached to the Homicide Investigations Bureau at the Directorate of Criminal Investigations headquarters, it was stated that the firearm that fired the fatal bullets was recovered from Odhiambo, Shigali was the driver of the motor vehicle that was used in trailing the deceased from parliament, and his phone was geolocated at Parliament for a substantial part of the material day.
He also informed the court that Ochieng procured a phone and fraudulently registered a SIM card, which was used purposely in the coordination and execution of the murder, and it was disposed of after the commission of this heinous act.
Five suspects were charged afresh with the murder of Were, following a move by the Director of Public Prosecutions (DPP) Renson Ingonga to consolidate two separate cases previously filed at the Kibera and Milimani Law Courts.
The court heard that Shigali, Odhiambo, Ochieng, Chege and Ogola allegedly murdered Were on the evening of April 30 at around 7:40 pm near the City Mortuary Roundabout along Ngong Road in Kilimani, Nairobi County.
