Three men suspected of killing Kasipul MP Charles Ong’ondo Were were Wednesday denied bail by a court.
The three William Imoli Shigali alias Imo, Edwin Oduor Odhiambo alias Machuani and Ebel Ochieng alias Dave Calo will be detained at Nairobi Remand Prisons pending mental assessment.
High court judge, Lady Justice Diana Kavedza while detaining the trio ordered Lake Basin Director Ebel Ochieng to be isolated while in detention pending a psychiatric evaluation report to be submitted by June 17.
This is after a court orderly, corporal Damien Mulongo told the court that the director had issued a chilling threat against prosecution counsel Allen Mulama.
According to Corporal Mulongo, Ebel Ochieng while sitting at the dock, whispered a threatening remark “Huyu tutamuuua” (We will kill him) prosecutor Mulama who had opposed bail application by the suspect.
Mulongo told Lady Justice Kavedza that Ochieng appeared agitated and inquired about the identity of the prosecutor.
“Huyu ni nani uyo mwenye hataki tuachiliwe, then he said huyu tutamuuua” said Mulongo.
“I heard those words myself personally, I notified my OCS then she notified the DPP.”
The court in its ruling denied the three bail and ordered a mental assessment to be conducted
“Importantly the 3rd accused will be isolated and won’t share a room with anyone pending a report to this court that he is mentally okay,” said the judge.
“Application for bail is denied at this juncture, Mathare hospital requires two weeks not less than two weeks to prepare a report and therefore we shall come back after two weeks.”
Earlier in the session, the suspects through their lawyers John Swaka and Stanley Kangai applied for bail pending mental assessment.
Swaka argued that bail is a constitutional right and can be sought at any stage of proceedings.
“The accused have already been held for 35 days, and we’re being told investigations are still ongoing. Meanwhile, they’re linked to individuals who haven’t even been brought before this court,” he said.
Swaka argued that continued detention, under the guise of ongoing investigations involving other suspects, amounts to a violation of the accused’s rights and affects third parties.
They were charged that onthe night of the 30th day of April 2025, at about 7.40 pm at the City Mortuary Roundabout along Ngong Road in Kilimani Sub County within Nairobi County, jointly with others, not before the court, murdered Were.
Separately, a court directed two other suspects in the murder of Were to undergo mental assessment.
The two are expected to be charged with murder. This is after the state concluded investigations into the case.
Isaack Kuria and Allan Omondi Ogolla appeared in court virtually on Wednesday, where Justice Margaret Muigai directed that they be given legal representation.
The court heard that the suspects are being held separately and will be presented in court as they pursue other investigative and prosecutorial measures including plea bargaining.
The matter will be mentioned on June 18 for further directions.
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