Nairobi, Kenya: Six suspects linked to the murder of former Chief Whip and Juja MP George Thuo have been released on a personal bond of Sh1 million after spending a year in remand.
High Court judge Roselyn Korir said the prosecution had failed to produce witnesses who the accused could influence while out on bond.
The prosecution had opposed the release of the six on bail on grounds that they were likely to influence 14 witnesses known to the suspects out of the 53 lined up to testify in the case.
"It is clear to the court that a period of six months has elapsed after the last ruling that denied the accused bail. The prosecution failed to present in court the witnesses who the accused were likely to influence as directed by this court. Considering the orders, it was, therefore, a legitimate expectation of the prosecution to identify the said witnesses but it failed," the judge ruled.
Korir said it was the duty of the court to treat all the suspects fairly and that it could not change the goal posts and hide behind the prosecution's request in denying the accused bail.
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Porkies Garden
However, the judge warned Paul Wainaina Boiyo alias Sheki, Christopher Lumbazio Andika alias Lumba, Andrew Karanja Wainaina, Samuel Kuria Ngugi alias Visi, Esther Ndinda Mulinge and Ruth Watahi Irungu alias Atlanta against interfering with witnesses.
"Should anyone of you interfere with witnesses in this case your personal bond will be cancelled," Ms Korir said.
Defence lawyer John Khaminwa assured the court that his clients would endeavour to abide by all the conditions imposed by the court.
The accused have been in custody since January when they denied murdering Thuo on November 17 last year, at Porkies Garden Restaurant in Thika town, Kiambu County.
State Counsel Nichodemus Maingi, however, told the court that the State intended to appeal against the release of the suspects on bail.
He said 20 more witnesses were expected to testify in the case once the trial resumes for four days on March 23, 2015, with a mention on January 20, 2015.