The state has line up 15 witnesses, including police
officers, to testify against Constable Kipkosgey Limo who has been charged with
the murder of his colleague.
Limo was in April charged with the murder of Eric Muga following an altercation in a bar in Nairobi’s Gigiri area on March 9.
Another police officer, Corporal Philip Kae, was seriously wounded and remains hospitalised.
Kae is one of the key witnesses who will testify for the state.
The prosecution on Wednesday told Justice Kanyi Kimondo that all witness statements and exhibits that will be relied upon during trial have been supplied to the defence.
Defence lawyer Kimani Wachira confirmed receipt of the documents except the witness statement of Kae who is still in hospital and is yet to record his statement.
“His statement is key for the defence given he is the only eyewitness going by the documents we have received. We urge that the same be supplied as soon as possible,” Wachira said.
Others who will testify include the pathologist and the crime scene officer who is also the investigator in the case.
Justice Kimondo certified the matter ready for trial and fixed the hearing for February 9 and 10, 2026.
Meanwhile, Limo has made a second application to be released on bond or bail.
The application follows Justice Kimondo’s ruling on July 1 in which the court declined to grant bond to the accused.
Limo’s application to be granted bond had been opposed by the Director of Public Prosecutions, who cited the likelihood of interfering with witnesses.
The state also warned that Limo was likely to abscond from court sessions, saying it was difficult to have him arrested after he committed the offence.
In his ruling on July 1, Justice Kimondo said he was satisfied that a number of witnesses will be police officers who used to work with the accused.
“I thus find that the likelihood of interference with evidence or the witnesses is not farfetched,” he said.
The court also noted that the accused did not surrender to authorities and it took the efforts of a team of officers to have him smoked out from under a car where he was hiding.
Limo has admitted to the court that he took cover under a car as he was attacked by people unknown to him. He said he had no option but to take cover under the vehicle to protect himself from harm.
However, investigators said Limo failed to surrender even after officers had asked him to and that it took the concerted efforts of a team of officers to smoke him out of his cover using teargas canisters.
Justice Kimondo noted that while the accused may not have fled far from the scene, he did not surrender to the police.
“On the totality of the materials in the deposition filed by the republic and based on admissions by the accused, I find that the likelihood of absconding is thus high,” the judge ruled.
He said as such, the attendance of the accused at his trial has been cast into some doubt.
“The upshot is that there are strong and compelling reasons for the denial of bail and I accordingly decline to grant bail at this stage,” Justice Kimondo ruled.
However, Limo through lawyer Kimani Wachira, asked the judge to review the ruling saying he cannot interfere with witnesses given he has since been interdicted.
The lawyer argued that the interdiction has changed various dynamics including the accused working relationship with the witnesses.
“The accused is ready to abide by any conditions the court will set. He has a fixed aboard and known family links. Bail will allow him to properly prepare for his defence,” Wachira submitted.
The prosecution however maintained its opposition to the accused being released on bail or bond, saying the interdiction is a normal procedure for all police officers charged with murder.
Justice Kimondo will deliver a ruling on the second bid for bond on September 30.
