The Directorate of Public Prosecutions has said businessman Chris Obure was near Kevin Omwenga’s house on the day he was killed and should plead to the murder charge.
Obure and his bodyguard Robert Bodo are the main suspects in the murder of Omwenga in his house at Galana Suites in Kilimani.
However, Obure has challenged the murder charge and wants to be a prosecution witness. But the state says he was present when Omwenga was killed.
“The investigations revealed that Obure was placed within the vicinity of the scene of the incident on the night of August 21 at the time of the shooting. This is despite him giving the police contradicting information as to his whereabouts,” the affidavit reads.
The state has opposed the application to drop the murder charge, saying they have evidence to charge Obure.
State counsel Wanjiku Gichuhi asked the court to allow the two accused persons to take plea as they followed the law in charging them with murder.
"The DPP made the decision to charge them with murder after reviewing the contents of the file and the sufficiency of the evidence on record,” she said.
The state dismissed the CCTV footage released by Obure over the weekend.
“From our investigations, the CCTV footage submitted to the investigators by Obure had been tampered with and the same is still undergoing forensic analysis to establish its authenticity,” the affidavit reads.
Obure's lawyer Danstan Omari rejected claims by the state that his client was near the scene of crime.
Omari also said that the DPP and DCI did not secure Obure’s office as one of the scenes of crime where the gun was taken from.
He said that the DPP erred when he preferred a murder charge against Obure instead of making him a witness.
Bodo says in his statement that he took the gun from Obure’s office and later gave it to Omwenga who was with it until late that night. He says the gun went off accidentally when Omwenga handed it to him.
Bodo's lawyers told the court that Obure's application convicts their client and infringes on his right as he was not given a chance to respond to the allegations.
They want both of them to take a plea and the claims by the DPP and Obure be dealt with at the trial.
Justice Mumbi Ngugi will rule on Wednesday whether Obure will be charged with murder.
