Former Gor Mahia and Harambee Stars football star Collins Okoth alias Gatuso now wants the High Court to release him from remand on bond after more than a year behind bars.
Gatuso, who is facing murder charges for the killing of three-year-old Pamela Atieno alias Scovian Maya, was arrested in May 2024 and has since been in custody.
He has denied killing the minor on the night of April 21, into the morning of April 22, at Kwetu Apartments in Sinai, Lucky Summer estate in Nairobi.
He has been charged with the murder alongside Sylvia Aoko.
The two on Tuesday told Justice Alexander Muteti that they ought to be released on bond or bail, with their lawyers arguing it is their constitutional right.
Gatuso’s lawyer, Geoffrey Omenke the apprehension that was laid by investigating officer Gilbert Kiprotich has been dispensed with given that key witnesses have already testified.
Kiprotich had in his affidavit opposed the release of the duo on bond, citing the likelihood of interfering with crucial witnesses.
Omenke said the investigator’s claim was not substantiated, adding that given the key witnesses had already testified, the court had no compelling reason to deny bond.
“No cogent evidence had been tabled why bond or bail should not be granted. We urge the court to strike a balance and grant bail to the accused,” Omenke said.
The prosecution, however, opposed the bid, arguing that Gatuso
had no known place of abode and was a flight risk.
The state, through prosecutor Mercy Njoroge, claimed that the ex-football star had been living in a rented house in Luckysummer from where he was planning to relocate to an unknown place before he was arrested.
But Omenke said there was no evidence on record to support the allegations by the prosecution and urged the court to grant bail.
The lawyer said Gatuso is a well-known football pundit, having been a professional player with local Premier League side Gor Mahia.
For Sylvia, her lawyer Kamau Waweru also urged the court to grant her bond, saying she was ready to abide by the terms set, having cooperated with the authorities since her arrest.
He said the affidavit by the investigating officer did not disclose how his client would interfere with witnesses.
The prosecutor had also said that Sylvia was a flight risk, given that she had no place of abode and ran no known business in the city.
“In fact, she had relocated from a house where she lived with the mother of the victim to a bureau in Kasarani where she pretended to be interested in a househelp job,” Njoroge said.
The state urged against the grant of bond but said that should the court do so, it should spell out stringent terms with conditions to be attached.
Waweru, however, urged the court to ignore the state’s apprehension, saying Sylvia, although she has no known residence in the city, has strong familial ties both in the city and in her home county of Siaya, where her parents live.
“Siaya is still within the jurisdiction of this court; hence, the claim of being a flight risk does not hold,” Waweru said.
He said Sylvia had all along cooperated with the state, including after her arrest, when she was asked to accompany the mother of the victim and help detectives with investigations.
Waweru said even on the day she was arrested, Sylvia was called by the police and she took herself to the station.
He said murder is a bailable offence and that the accused person is presumed innocent.
“The applicant is from a humble background. Her family does not have bond to put up. We are praying for lenient bail terms,” Waweru said.
Justice Muteti will deliver his ruling on the bail application on September 17, a day also reserved for hearing in the matter.
Gatuso is being held at the Industrial Area Remand Prison while his co-accused Sylvia is at Lang'ata Women's Prison.
