The High Court in Machakos will deliver a ruling on bond application on four suspects charged with the murder of city lawyer, Robert Chesang’ this Friday.
Justice George Odunga made the ruling today following an application filed by the late lawyer’s family under a certificate of urgency seeking to have the case moved from Machakos.
Both parties involved in the case engaged in a protracted legal battle with Osiemo Odero, representing Nyeri senior resident magistrate, Pauline Omugalla-who is the first accused person arguing that the hearing must continue in Machakos.
But on his part, lawyer Vincent Kiptoon who is representing Chesang’s family had argued that granting bond to any of the suspects particularly the first accused who is the wife of the deceased had a fundamental effect and great bearing towards fair trial of the case.
“Real prejudice will be occasioned if this court handles this matter and that will be a compromise to the rights of the victim. The alternative court within Machakos re-excused itself from hearing this matter upon the application of the first accused person on the grounds of tribal and ethnic background of the judge and the deceased,” said Kiptoon.
But in response Odero dismissed the application, saying it was misplaced, mischievous and an attempt to delay issuance of bond to the first accused person.
“This application seeks to deny the accused person her constitutional right of presumption of innocence and granting of bail. This court should make a finding that the legal parameters to compel the court to re-excuse itself from the case have not been met,” Osiemo told the court.
The embattled magistrate is believed to be the mastermind in the killing of her husband and city based lawyer Robert Chesang at their Moke Estates apartment in Lukenya, Machakos County on February 17, 2019.
She is accused alongside Richard Lorunyei Moru, Laurence Lempesi, and Peter Muendo Mbithi of shooting Chesang in cold blood at the couple’s matrimonial home.
Moru is a retired intelligence officer, who left the service last year as commissioner of police.
He was arrested in Samburu days after the killing before being brought to Nairobi.
The other two suspects are police officers attached to Mutuini Police Station in Dagoretti, Nairobi.
Detectives believe the vehicle which was used in ferrying the killers to the scene of the crime belong to Mbithi.
And in a sworn affidavit, Nehemiah Chesang, a brother to the deceased who is a prosecution witness said the victims in the matter stood to suffer miscarriage of justice if the orders sought were not granted.
“For the general convenience of the parties and witnesses and for the expedient ends of justice to be met, it is imperative that this case be transferred to another court,” he said.
In the end Justice Odunga, told the parties said he will deliver a ruling on the Chesang’s family’s application on June 14.
By Samuel Maina
