- Warder Benson Musili was charged alongside the deceased’s wife Doris Wambui and a boda boda rider Simon Kariuki for killing Easmus Iguku on December 19, 2021.
- Iguku was a renowned electronics dealer who ran several shops in Nyeri town.
Image: THE STAR
A prison warder charged with the murder of a Nyeri businessman has been released on Sh1 million bond.
Benson Musili, who is based at Nyeri Maximum Prison, was charged alongside the deceased’s wife Doris Wambui and boda boda rider Simon Kariuki for killing Easmus Iguku on December 19, 2021.
Iguku was a renowned electronics dealer who ran several shops in Nyeri town.
Police said he had been strangled to death after allegedly being whipped countless times on the back.
High Court judge Florence Muchemi on February 24, while releasing the three, said the investigating officer did not give any account of actual interference of the witnesses by the accused nor did he give any facts upon which his fear of interference was based.
She said the allegations were merely speculative.
As such, I am not persuaded that the prosecution has adduced sufficient evidence to demonstrate likely interference with witnesses by any of the accused, the judge said.
“It is my finding that the accused herein ought to be accorded their right as granted by Article 49(1) of the Constitution. The accused persons be and are hereby released on bond of Sh1,000,000 with one surety of a like amount,” the judge ruled.
The court further ordered that the accused shall not leave the jurisdiction of the court without permission of the court, and that upon release, the accused shall attend bi-monthly mentions before the Deputy Registrar pending disposal of the case.
The DPP through the investigating officer had sought to detain the three until their case is heard and determined.
The officer, Sgt Wilfred Kingara, deposed that the accused were flight risks as Doris and Musili were found within Machakos county at Kivaa road block attempting to flee, when they were arrested.
He added that Musili, who is a prison warder at Nyeri Maximum Prison at the time of his arrest, was approximately 130km from his duty station.
Kingara said Kariuki was arrested on December 24 within Lusoi village after fleeing from Nyeri town where he operates as a boda boda rider.
The prosecution further said all the prosecution witnesses were known to the accused and thus if released, they posed a real or conceived threat to the witnesses.
Further, the officer said Doris is a girlfriend to Musili, and they lived together before the offence was committed, and therefore if released on bail, there is a likelihood of interference before she gives her testimony.
Moreover, the prosecution said the key prosecution witnesses had not met the threshold to be placed under witness protection and therefore the accused ought not to be released on bail at least until they have testified.
The suspects however opposed the application saying they were not a flight risk as stated by the DPP.
Kariuki said he has a fixed abode and did not know all the prosecution witness hence no intention of interfering with any.
-Edited by SKanyara