Six suspect who are linked to the murder of former Juja MP George Thuo and Lawyer Cliff Ombeta explaining to the court during the hearing of bail application at Milimani Law Court.
By SAM ALFAN
The six suspects linked to the death of Former Chief Whip and Juja legislator George Thuo want to be released on bail pending the hearing and determination of their case.
Lawyer Cliff Ombeta today told the court that the reasons advanced by the prosecution are not compelling to deny the accused bail.
The accused Paul Wainaina, Christopher Lumbasio Andika, Andrew Karanja Wainaina, Samuel Kuria Ngugi, Esther Ndinda Mulinge and Ruth Vanessa Irungu. Wainana is the proprietor of Club Porkies in Thika while Lumbasio was a friend of the late Thuo. Ndinda is the waitress who is alleged to have served Thuo while Vanessa is the woman reveler who bought Thuo a beer before his death.
Ombeta said the affidavit filed by police to deny the accused bail is not sufficient enough to deny his clients bail. Ombeta argued that the prosecution’s insistence that the accused are unsafe if released and are likely to abscond court and interfere with witnesses is unsupported because of lack of evidence in the police affidavit.
“The prosecution merely alleges that the accused being Thika resident can interfere with witnesses. These are hypothetical fears which are not supported by compelling reasons,” Ombeta argued.
He further argued that the state seeks to call 53 witnesses which might take long before the accused are admitted to bail.
“The accused should not feel that they are jail birds yet it is their constitutional right to be presumed innocent on bail,” Ombeta said.
Mr Ombeta said the suspects are employees of the first accused and therefore cannot abscond court. He said the accused voluntarily presented themselves to police once they were summoned. “The accused had all the time from November to January to abscond but they did not,” he added.
However Asistant DPP Alloys Kemo strongly opposed the release of the accused on bail on grounds that some of the prosecution witnesses are employees of the first accused who is the proprietor of Porkies Restraurant where the former Juja Mp collapsed and died after taking a drink.
“The accused had all the time from November to January to abscond but they did not,” he added.
He said the samples analyzed from Mr Thuo’s shirt and drink has shown traces of the poison that killed him. Mr Kemo also informed court that the scene of crime was swept clean by the time police arrived which prompted police to carry further investigations.
He said the circumstances so far meet the threshold of compelling reasons to deny the accused bail.