Isaac Kuria, the man accused of pulling the trigger on Kasipul MP Ong'ondo Were on Tuesday refused to plead to murder charges and claimed police had tortured him in detention.
Kuria was presented before Milimani High Court judge Kanyi Kimondo alongside Allan Ogola, who served as MP Were’s bodyguard, to face charges of murder.
And after the court confirmed through mental assessment reports that the duo was fit to plead and the charges read out to them, Kuria said he could not do so virtually.
He told Justice Kimondo he had pressing issues that he wanted to tell the court in a physical appearance before he could take the plea.
Kuria said police officers tortured him while in detention at the Kamiti Prison and he was coerced to sign forms he did not understand.
“Mapolisi wameni torture na pia kuna mambo nataka nielezee mahakama (Police have tortured me and also there are issues I want to tell the court),” he said.
Justice Kimondo acknowledged the concerns raised by the suspect but entered a plea of not guilty on his behalf. The judge said virtual court was still a valid platform for plea-taking.
Ogola pleaded not guilty and asked for lenient bond terms.
Hi lawyer Chacha Mwita told the court the accused had been hoodwinked to making incriminating statements, which he wished to recant. He said the statement should not be included as part of those the prosecution would rely on during trial.
Kuria’s lawyer Amisi Doris told the court she would also be making an application for her client to be released on bond.
The Director of Public Prosecutions through counsel Vincent Monda, however, opposed the release of the suspects on bond. Monda said they had filed affidavits on the same.
Justice Kimondo asked the defence lawyers to formally make their applications and respond to the issues raised by the prosecution before the bond/bail hearing on July 14.
The plea-taking by the duo brings to five, the number of those charged with the murder of the MP.
The three other suspects - William Imoli alias Imo, Edwin Odhiambo alias Machuani and Ebel Ochieng alias Dave Calo – were charged at the Kibera High Court.
Ogola is a police officer while Calo is a director at the Lake Basin Development Authority based in Kisumu.
Investigations indicate that the five, together with others, conspired and murdered Were on the evening of April 30 in Nairobi.
Early this month, Were’s driver Walter Owino and another suspect Dennis Manyasi were released by the JKIA magistrate's court after the prosecution said the two are expected to become state witnesses against the accused persons.
A total of 12 suspects were arrested over the murder of Were. Five of them were unconditionally released after the probe failed to link them to the murder.
