DENIED CHARGES

Man in Wahu's murder case faces charges of rape and robbery

The mention on whether or not he will be released on bond will be on Friday.

In Summary

• Matara is alleged to have robbed NW Sh88,300 while armed with a kitchen knife at Kahawa Wendani on May 16, 2023.

• Matara is also accused of taking her ID, international passport and family bank ATM card. 

John Matara appearing before Ruiru Magistrate's Court where he was charged with robbery with violence and rape on March 6, 2024
John Matara appearing before Ruiru Magistrate's Court where he was charged with robbery with violence and rape on March 6, 2024
Image: SHARON MWENDE

The man accused of killing socialite Starlet Wahu has been charged with rape and robbery with violence in a Ruiru court. 

John Matara denied the charges before magistrate Charles Mwaniki.

According to the charge sheet presented to court on Wednesday, Matara is alleged to have robbed NW of Sh88,300 while armed with a kitchen knife at Kahawa Wendani on May 16, 2023.

It is alleged that the total resulted from the robbery of Sh18,300 from M-Pesa, Sh30,000 cash, a Techno Camon phone valued at Sh25,000 and a Techno Pop 2 worth Sh15,000.

Matara is also accused of taking her ID, international passport and family bank ATM card. 

He is also charged with rape and sexual assault.

"Immediately before such robbery used actual violence to the said NW," the charge sheet indicated.

"John Matara Ong'oa on May 16, 2023, at Kahawa Wendani, Ruiru subcounty in Kiambu county unlawfully manipulated the legs of NW so as to cause penetration." 

His lawyer Samuel Ayora urged the court to release him on reasonable bond terms with an option of a surety. 

He based his request on the ground that his client has a known abode and is not a flight risk. 

Ayora told the court that during his transportation from Industrial Area where he is remanded, Matara was allegedly assaulted physically by DCI officers based at Ruiru station. 

"He suffered blows to his left ear and his testicles were pulled," the lawyer said. 

He requested that Matara be taken to a medical facility for treatment and the medical report be submitted to court. 

The prosecution, led by a Ms Moraa, opposed the bond request saying Matara has another case in another court and pending investigations. 

She said the investigative officer had informed her that there are other matters of a similar nature that are emerging.

"Further, in the circumstances of the case, the acts the accused person allegedly committed, if he is granted bond terms, he will not only jump bail but the case will be interfered with," she said.

The prosecution told the court the state required Matara's DNA in the case. 

Matara's lawyer requested the court to allow the accused to be escorted to Ruiru Subcounty Hospital for collection of DNA samples.

The state did not oppose to Matara being escorted to the hospital but said it should be done under tight security.

Ayora said the affidavit, which the state referred to while opposing bail, had not been supplied to the defence and urged the court to ignore it. 

He said the accused will appear for the other matters before other courts "just as he did in today's plea-taking". 

"My humble submission is that the offence before you is bailable and that the state's conditions are mere suspicions. He will religiously attend court the way he has done today," he said. 

Ayora said the state's submissions were speculations and not reason to deny him bond. 

He said since the offence is said to have taken place in 2023, investigations ought to have been completed and there was no evidence warranting Matara's detainment. 

The lawyer did not oppose the prosecution's request for DNA test.

Magistrate Mwaniki directed that Matara be escorted to Ruiru police station to make a report on the alleged assault by police.

"On the alleged assault, the accused is to be escorted to Ruiru police station where he shall make a report and an investigation is to done which upon conclusion those culpable will be indicted," he ordered.

He also ordered that Matara be taken to the hospital for treatment and DNA test.

The mention on whether or not he will be released on bond will be on Friday.

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