A bail hearing for a man charged with killing socialite Starlet Wahu Mwangi will be on March 18, the High Court ruled on Monday.
This is after the suspect John Matara through his lawyer Ayora Magati on February 9, asked the court to release him on favourable bail and bond terms pending hearing and determination of the case.
Matara pleaded with Justice Kanyi Kimondo to consider the court’s unpredictable diary, workload and magnitude of the charge pressed against him to free him as it was likely to take a long time to conclude the matter.
“The applicant/accused person has a fixed aboard in Nairobi at Kahawa West, Kasarani Sub-County within Nairobi County and also he has a home where he stays with his parents in Kisii Town at Daraja Mbili,” Matara told the court.
He distanced himself from the allegations of the prosecution that he was interfering with witnesses and subsequently termed them unfounded as they did not indicate if they were him.
Matara told the court that the threats had not been reported to any police station nor had the prosecution provided OB number to the same effect of the said allegations since he was arrested.
He argued that he was ready to not set foot in the scene of crime, South B Papino apartments pending determination of that matter.
“I know the consequences of moving witnesses to a witness box, cost implication and interference of their daily free life caused by such placement because of failure on my part to be a law-abiding citizen hence such proposal will be unnecessary.”
Ayora argued that the key witnesses in the matter could not be threatened by the accused owing to the fact that they are either state officers or experts.
He noted that his client is presumed innocent until proven guilty in the eyes of the law.
Mark Ongoa the accused’s father on his part told the court that he was willing and ready to stand as a surety for the accused person.
“I am a resident of Kisii County staying in my private residence at Daraja Mbili with the ability and means to host the Accused Person till this matter is heard and determined because that is where the Accused Person has been staying the entire of his school life before he moved to Nairobi to look for employment,” He told the court.
He further argued that he would personally make sure the accused attends court.
When the matter came for mention before Justice Kimondo on Monday, Ayora stated that he had served the application to the prosecution.
The prosecution confirmed that the application had been replied to on Friday.
However the defence claimed it was served late after business hours, and they haven’t responded yet.
He added that they had not sent the application to the victim’s family as the email provided was not the family lawyer’s.
He requested that the valid email be shared to facilitate the sending of the documents, a prayer which the court granted.
Justice Kimondo directed the family lawyer to respond within seven days of receiving the application.
The defense was also given seven days to reply to the DPP’s affidavit.
The judge ordered to be furnished with the probation report as previously instructed.
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