A Nairobi court allowed the Directorate of Criminal Investigations (DCI) to detain two suspects linked to the murder of Kasipul Member of Parliament Charles Were for 23 days to allow for further investigations.
This is after Principal magistrate Irene Gichobi dismissed Ebel Ochieng alias Dave Calo and Edwin Oduor Odhiambo’s application that sought to disqualify herself from handling the case
Calo is a board member of the Lake Basin Development Authority (LBDA).
While dismissing the application Magistrate Gichobi held that the application lacked merit.
The prosecution while seeking to detain the suspects for a further 30 days, argued that the two are central figures in what they described as a “well-oiled, choreographed criminal group” behind the MP’s killing.
The prosecution told the court that one of the suspects was actively tracking the MP’s movements on the day he was murdered, while the second was arrested in possession of a pistol later confirmed by ballistic experts to be the murder weapon.
“There could not be any better reason to justify continued detention,” the prosecution stated.
They allege that the killing was not random but rather “meticulously planned and executed”.
According to the prosecution, suspects have not yet been interrogated, and one of them (Calo) had been on the run before his arrest in Nakuru on May 7.
Police also argued that key electronic devices like laptops were yet to be recovered and the phones seized from the suspects were undergoing forensic analysis.
The prosecution further argued that releasing the suspects at this stage would jeopardize the investigation.
They allege that the suspects pose a flight risk and could interfere with witnesses, especially considering the public pressure and national interest surrounding the case.
“There is already evidence obtained through admissions by suspects in custody, and physical evidence linking the two to the murder,” the court heard.
“When something looks like a duck, swims like a duck, and quacks like a duck, it most probably is a duck.”
However, the defense, led by lawyers Danstan Omari, Cliff Ombeta, Sam Nyaberi, and Martina Swiga, strongly opposed the application, arguing that the prosecution had failed to provide compelling reasons to deny bail as required under Article 49 of the Constitution.
While being cross examined, Inspector Oliver Nabonwe said that despite arresting Ochieng on May 7 in Nakuru, no interrogation had taken place.
“We only visited him to check on his well-being,” he told the court.
He also said that no murder weapon was recovered from the LBDA director
Under questioning by Ombeta, the inspector also said he had not verified whether the suspect was a university student or a public officer.
Ombeta accused the state of attempting to curtail fundamental rights without substantial proof.
“These fundamental rights belong to an individual not the state,” he said.
The two will be detained at Kasarani police station until June 11.
On May 8, lawyers representing the director made an application for magistrate Gichobi to disqualify herself from the case.
The lawyers took the court to a stand still after saying they were not comfortable with the magistrate handling the case against Calo and Edwin Oduor.
While presenting their submissions, the counsels indicated the dissatisfaction of their client with reasons that the court is biased.
Omari indicated that the matter being handled by the court is about assassination of the late Member of Parliament and the court has made a determination to detain the other suspects for 30 days as prayed by the investigating officers.
“Your honor there cannot be two different rulings from the same court arising from the same matter facts and same subjects,” Omari stated.
He urged the court to recuse itself saying that the outcome regarding the number of days by the court is a perception that is already determined.
“The first respondent (Ochieng) says he is not comfortable with the matter being handled by this court,” he added.
On his part, Nyaberi submitted that the 1st respondent’s perception is that the court is not fair in prosecuting the matter on account of being bias.
“The question that he is asking is whether the court would be impartial on the decisions it’s going to make,” he told the court.
Ombeta added that it is a sense of courage and integrity to take the decision of recusal and the matter be handled by another magistrate.
The prosecution however, said the magistrate was in order to continue with the case as she had not shown any bias.
The court instead granted a 23-day custodial period to allow investigators more time to finalize their probe.
Meanwhile, a mention is set for Wednesday at the Makadara Law Courts in a case filed by Ochieng at the High Court.
He is seeking to overturn the May 9 ruling that dismissed his jurisdictional objection, and is asking for orders transferring the case to the Kibera Law Courts or another court with appropriate jurisdiction