The High Court in Kiambu has cancelled bond for a man who absconded court proceedings in a murder trial and presented two fake medical documents purporting to have been indisposed.
Justice Christine Meoli also discharged his father as surety for also lying to the court that his son had been admitted in hospital for a surgery on the day the case was scheduled for hearing on July 3, 2019.
Further, medical reports presented in court were found to have been forgeries after the hospital he alleged treated him disowned them.
Evans Ochieng Oyombe will therefore remain in custody pending trial or until further orders by the court.
He is jointly charged with Benson Muhindi Matsanza and Jackson Wainaina Kamau that on the night of December 24, 2016 at Hillview Estate within Ruiru town, they murdered Edwin Munene Njeru contrary to section 203 as read with section 204 of the penal code.
In her ruling on Thursday, Justice Meoli noted that the accused during a routine mention on June 6, 2019 told the court that he had a medical operation due to injuries he had sustained.
Through a letter dated July 26, 2019, Texas Maximum Care which appears to have the same address and rubber stamp as Texas Health Hospital disowned the letter. The hospital further denied having attended to the first accused or having authored the letters he presented as explanation for missing trial on July 3-4, 2019.
The accused admitted in court that he fabricated the documents because his alleged supervisor at work had denied him permission to attend court.
While dispensing with the issue of bond Justice Meoli stated, “It seems clear to me from their conduct that neither the first accused nor his surety have taken seriously the conditions of bail in this matter, nor court proceedings.
Secondly, the first accused appears to have determined, perhaps the intention of scuttling the trial, to skip a scheduled hearing. In my own view, the first accused has demonstrated that he does not respect his bail terms. He too has been exposed as unfit for purpose,” she ruled.
By Lydia Shiloya
