- Bwonwonga said the accused will be required to report to CID central division once every month.
- The judge said he was persuaded to review his decision in denying the accused bail because of the laxity exhibited by the prosecution.
Image: FILE
Seven suspects charged with the murder of former Kabete MP George Muchai have finally been released on a cash bail of Sh500,000 after being in custody for the last seven years.
Justice Justus Bwonwonga granted them a bond of Sh700,000 each and two sureties of similar amount. In the alternative they were given a cash bail of Sh500,000.
But even if they are able to pay, the seven accused persons are still battling charges of violently robbing the deceased at city court, Nairobi. In this case, they have never been granted bail.
In the matter before the High Court, Bwonwonga said the accused will be required to report to CID central division once every month.
Nine witnesses out of the 41 are remaining before the prosecution closes its case. Majority of them are experts and police officers.
The judge said he was persuaded to review his decision in denying the accused bail because of the laxity exhibited by the prosecution.
In May 2019, Justice James Wakiaga had directed the prosecution to make available to the defence the Safaricom and Airtel call data, to be used as evidence in the case. This has never been done to date.
"I find failure by prosecution to adhere to what Wakiaga directed has caused this matter to drag. I must revisit the issue of denying the accused bail," the judge said.
Bwonwonga at the same time said the accused persons should file a case before a different division to challenge the murder charges instituted against them.
"If you have any complaints about the charges levelled against you, your lawyers know how it should be addressed but not raising it when this trial is ongoing," the judge said.
Advocate John Khaminwa who is representing the family of Muchai had said the matter should be re-investigated on grounds that those before court are not the real killers.
He together with lawyer Stephen Ongaro who is representing some of the accused persons put up a spirited fight to have them released on bail.
Khaminwa said those who murdered Muchai are still on the loose and the matter should be looked into afresh.
But the judge said he has no powers to do so.
The case will proceed for hearing on January 23.