TWO siblings charged with the murder of a man in Kirinyaga County on August 17 2018 have been granted bail after a protected witness testified.
Simon Kagiri, a police officer and his sister Catherine Wambui Magondu are on trial for the murder of Samuel Mugo Muriuki believed to have been through mob (in)justice involving miraa at South Ngariama.
They were released on Ksh1 million bail each after a judge ruled there was no longer further compelling reasons to detain them.
“The siblings have been in custody since their arrest in September 2018 last year,” lawyer Simon Mwangi said.
A judge granted bail on March 12 2019.
Brother apprehended later
The deceased, according to the lawyer, was killed by a mob being a suspect of stealing miraa.
He was rushed to Embu Level 5 hospital where he was pronounced dead on arrival.
Wambui was arrested on September 3 2018 while his brother apprehended later on September 18 2018.
“The man was not even in that area,” Mwangi said.
Kagiri’s application for bail was earlier rejected on December 3 2018.
The prosecution had alleged that he was interfering with witnesses after a brother of the deceased complained that people suspected to be close family members of the suspects attempted to abduct the key witness Florence Ndunge Muli but was rescued by members of the public.
The incident was reported at Itangi Police Station and at Wang’uru Police Station.
In addition, it was reported to the ODPP.
Overstay in custody
Later, their relatives also reportedly went to the key witness residence carrying 5 liters of petrol.
Three witness have already testified with four more to go when hearing resumes on March 27 2019.
Mwangi while applying for bail told the court that the condition in the earlier ruling having been satisfied,” there is no other reason why the accused persons should continue to be held in custody.”
The judge had directed that the case be heard on priority, after the lawyer revisited the suspects’ overstay in custody.
“The accused persons are ready and willing to abide by any conditions which the court shall impose,” the lawyer submitted.
He said the key witness having adduced their evidence, there was no compelling reasons to warrant denial of bail.
The siblings, Mwangi said have no prospects whatsoever of jumping bail as they both have families, aging parents…