Machakos High Court Monday ordered a mental assessment of Gatundu MP Gabriel Kagombe before he is formally charged with murder on Friday, June 7.
This is a formality in murder cases.
Justice Francis Rayola directed police to escort the MP elected under the United Democratic Alliance (UDA) ticket to Kiambu Level 4 Hospital for the psychiatrist test.
Kagombe will be detained at the Muthaiga Police Station pending the tests and his subsequent arraignment.
He was presented before the Machakos court on Monday June 3.
The office of the Director of Public Prosecutions (ODPP) informed the court of its intention to charge Kagombe with murder, contrary to Section 203 as read with Section 204 of the Penal Code.
“The court is hereby informed by the DPP on behalf of the Republic of Kenya that the above-named accused person (Kagombe) is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code,” the notification by Assistant DPP Gikui Gichuhi reads.
The MP was arrested on Friday May 31 after the DPP approved the murder charges against him.
He was then presented before the court but was not required to respond to the charges where he was accused of murdering boda boda rider David Nduati Wataha in the Kimuchu area within Makongeni in Thika West, Kiambu County, on May 17, 2024.
Police accused Kagombe of shooting Wahata during a commotion that followed a dispute over ownership of a market in the area.
Nduati died after skirmishes occurred during the construction of a market in Thika, an event that MP Kagombe, Majority Leader in the National Assembly Kimani Ichung’wah, area MP Alice Ng’ang’a and Gatundu North MP Elijah Njoroge Kururia attended.
The chaos erupted during a wrangle between supporters of Thika MP Alice Wahome and Kamenu MCA Peter Mburu.
Kagombe drew his forearm and opened fire, leading to the death of the rider.
According to detectives assigned to the case, ballistic tests that were conducted on all firearms that were at the scene on the fateful day and preliminary investigations ascertained that the MP was the owner of the firearm that discharged the bullet.
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