- Investigating officer said that the two accused are a flight risk since Chania had worked in the US and had applied for a visa in August.
- The co-accused Kamau is said to have been employed a day before the murder of the Rwanda-based businessman George Mwangi.
Image: STANLEY NJENGA
Kiambu politician Gladys Chania and her farmhand Morris Kamau who have been charged with murder of Chania's husband will on Thursday know whether they will be released on bail.
Chania and Kamau on Tuesday appeared before Justice Mary Kasango in Kiambu High Court for hearing of their bail bond represented by their lawyers Karathe Wandugi and Daniel Gachau.
According to Wandugi, while reacting to an affidavit served to them by the prosecution while opposing bond application they had earlier applied in court, said that the three compelling reasons given had no evidence to support.
"The investigating officer can only propose reasons to deny the accused bail but cannot have compelling reasons as only the court has the discretion to determine whether the proposals are compelling or not. The reasons given have no evidence to support," Wandigi told the court.
The state presented three compelling reasons to deny bail as per a sworn affidavit by Inspector Peter Kamau who is the investigating officer, saying the two accused will interfere with evidence and witnesses once released on bail.
Kamau said that the two accused are a flight risk since Chania had worked in the US and had applied for a visa in August, adding that she is also a frequent visitor to Uganda and a politician.
The co-accused Kamau is said to have been employed a day before the murder of the Rwanda-based businessman George Mwangi and the nature of his hiring was not established.
The affidavit also indicated that the two accused should be denied bail for their safety as emotions are still high within the family of the deceased, and the matter is of public interest and the state does not have the machinery to protect the accused person from public anger.
Gachau told the court that the state was speculating without evidence through the reasons given to deny bail to the accused.
He added that, according to the pre-bail report prepared and presented to court by the probation officer, the second accused (Kamau) has never been charged or held in custody before.
Gachau said that the accused hails from Kipipiri in Nyandarua county and had moved from there to be employed in Kiambu.
The accused, he said, is has close relationship with his mother and siblings and is married with a young, adding that the report indicated that they knew him and he had a place of abode.
The prosecutor Benjamin Kelwon said that the state had facts, hence the opposing of bail, adding that through an occurrence book report, Lucy Muthoni, who was the deceased's girlfriend, reported of intimidation and threats from Chania.
Kelwon said Chania's report to Kamwangi police station had implicated Muthoni in the disappearance of her husband which police later discovered was a scheme.
The prosecution also told the court that the two accused should be denied bail as they had interfered with witnesses since they were close relatives to the first accused.
The court was informed that the secondary scene of crime, which is Kieni forest, had been tampered with since the first accused in company of police had arrived at the scene before it was processed.
The court heard that there is an inquiry to investigate the motive of the police in the crime scene.
Wandugi and Gachau said that there was no evidence in the three compelling reasons given to support claims of interference of witnesses and evidence as they have not been served with committal bundle, hence the accused may not know who are the witnesses of evidence to be used against them.