A former powerful Cabinet minister’s widow and her step-son have opposed the decision to charge them with attempted murder.
The late Mbiyu Koinange’s widow Edda Wanjiru and son David Njuno are seeking termination of the case after High court acquitted them of a related murder charge alongside five others over a year ago.
Through Senior Counsel Paul Muite and lawyer Gordon Ogola, they filed an application to oppose prosecution’s move to subject them to a re-trial in the Chief Magistrate’s court.
The seven, including Nicholas Ngetich, Johnstone Sigei, Stephen Mwanga, Sanaga Mbukoi and Kiragu Macharia, claim the re-trial in the subordinate court under the circumstances will just be for the sake of it and is therefore unfair.
In December 2014, Nakuru High Court acquitted them over the murder of Moses ole Mpoe and Paarsayia ole Kitu on December 3, 2010.
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The two were in one car with the current complainant in the case, Joseph ole Mpoe, a brother of the late Moses. They were shot by a hit man riding on a motorcycle along the Nakuru-Eldoret highway.
Joseph luckily survived the assassin’s six bullets with a left eye injury. During the murder trial, Joseph told the court that Ngetich was the gunman. His testimony was contradicted by other witnesses and the issue of positive identification failed.
RIGOROUS PROCESS
Mr Muite on Friday told Justice Maureen Odero that the subordinate court cannot re-open the case and subject the accused to yet another rigorous process.
The defence is of the view that a similar decision like that of the High Court will be reached since the facts, witnesses and evidence are the same with those of the previous (murder) case.
The complainant (Joseph) in the attempted murder, according to the defence, has already testified in the murder case in the High Court and will be expected to adduce the same evidence in the lower court.
“Even if same decision to that of the High Court will be reached and accused finally acquitted, why would the accused be subjected to the process?” Muite asked.
Muite said that the prosecution had vehemently opposed bail in the attempted murder case. “It was calculated to put the accused behind bars. There will be no fair trial and no reasons to pursue this case have been given by the State,” Muite submitted.
