An Eldoret lawyer accused of killing his colleague will remain in police custody for a week before his bail application is considered.
High Court Judge Hellen Omondi on Friday ordered that Abel Mogaka be remanded at Eldoret GK Prison pending his bail ruling on June 26.
Mogaka is alleged to have stabbed and injured Calvine Ngaira on the night of May 18 after a confrontation during a house party hosted by their colleague at Annex along the Eldoret-Nakuru highway.
Ngaira was rushed to Mediheal Hospital in Eldoret where he succumbed to his injuries three days later.
He had been admitted to the bar two months before the incident.
Prosecutor Brenda Oduor urged the court to deny the accused bail because there was a possibility he could interfere with investigations and witnesses.
“Your honour, emotions are still high in the family of the deceased. Releasing the accused person on bail will not be wise considering the nature of the offence he is facing,” Oduor said.
A probation report presented in court noted that Mogaka’s safety is at risk since there is tension on the ground.
He lives in Kitale and Uasin Gishu counties and is a neighbour to Ngaira's family.
Mogaka’s employers Seneti and Oburu Law Firm said he should be released since he understands the law and knows the consequences of absconding or interfering with the court process.
Lawyer Amos Magut for Ngaira’s family requested that the key witnesses give their testimonies first before Mogaka is released on bond.
A report by the Law Society of Kenya North Rift chairman Zephaniah Yego said the incident is very fortunate and had put the legal fraternity in disrepute.
“The incident is still fresh in the minds of the deceased’s family and the members of the public, therefore, the safety of the accused cannot be guaranteed,” the report said.
Yego said one or two key witnesses should testify before bail or bond is applied for.
Mogaka’s lawyer Evans Miyenda told the court the Constitution allows his client to get bail.
(Edited by O. Owino)
