Debt collector Brian Yongo wants the court to drop a case in which businessman Jacob Juma had accused him of threatening to kill him more than two years ago.
Yongo said because , there is no case to answer.
However, State counsel Mary Wang’ele opposed Yongo’s application, saying they should be given an opportunity to present all the evidence. She said the case is a public prosecution case and so the court should allow them to proceed and conclude.
Wang’ele said the law does not specify what to do if a complainant dies while the case is still in the hearing stage. Yongo questioned what personal interest the prosecutor has in the case for opposing his application yet there is no valid reason for the case to proceed.
Juma had already testified but he was asked to allow the court to visit the scene before the defence could examine him. He was, however, killed before the court found time to visit the scene where Yongo allegedly drew a gun on him while in the company of four other men said to be his accomplices.
Yongo was charged with preparation to commit a felony on November 8, 2014, on Brookside Drive, Westlands, Nairobi. Yongo was also charged with threatening to kill Juma. Chief magistrate Ann Ong’injo said she will make her ruling on October 10.