• Applicant says police should take pictures of vehicle if they want to use it as an exhibit
• Vehicle has been held at DCI headquarters since arrest of the two accused in January
A judge has ordered an application seeking orders for police to release a vehicle seized in slain businesswoman Mary Wambui's case to be heard before the main case.
In the case, the ex-mistress of widower Joseph Kori, Judy Wangui, and a taxi driver are charged with the murder Wambui Kamangara.
Kori, who is the first witness, was earlier stood down by Justice Christine Meoli of Kiambu High Court when it emerged that an interested party had filed an application seeking orders to compel police to release his car.
In the application, businessman Ephantus Nyaga Njagi has named DCI George Kinoti and DPP Noordin Haji as respondents.
Wangui and Michael Mathenge have denied murdering Wambui on the night of January 26 jointly with others not before the court, at Fourways Junction Estate on Kiambu-Nairobi road.
The two are being represented by a team of lawyers led by Cliff Ombeta, while prosecution is led by senior state counsel Christine Ndombi.
The alleged vehicle has been held at DCI headquarters since the arrest of the two accused persons.
Njagi says he had hired out the car to one of the accused before it was impounded by police.
He said he feared his vehicle would be vandalised at the DCI parking.
He also argued that detaining the car would cause him massive losses.
“Unless this application is allowed, I stand to continue suffering grave and irreparable financial losses and damage,” he said in his court documents. adding that if the police want to use the car as an exhibit, they should take a photograph of the vehicle as required by law.
He says he would be ready to produce the car during the hearing whenever required, adding that the offence that the accused persons have been charged with does not warrant continued detention of the vehicle.
Police believe Wangui plotted the murder and that she meant to get back at Kori's family after he dumped her.
Kori has since recorded a statement with the police supporting the claims, and the state has picked him as a witness as police seek to strengthen the case.
The judge directed the main case be heard next year on June 10 without further delay.
Edited by R.Wamochie