Three accused charged with the murder of Kasipul Member of Parliament Charles Ong’ondo Were have been denied bail by the High Court in Kibera, with the judge citing the risk of witness interference and the need to protect public interest.
Justice Diana Kavedza, delivering her ruling on Thursday, said the circumstances surrounding the case presented compelling reasons to keep the accused in custody pending trial.
The ruling marks yet another unsuccessful attempt by the accused to secure bail.
The alleged offence took place on April 30, 2025, around 7:40 m. at the City Mortuary Roundabout on Ngong Road, Kilimani Sub-County, Nairobi.
Ebel Ochieng alias Dave Calo, William Imoli, and Edwin Oduor were charged alongside two others, the MP’s bodyguard Allan Omondi Ogolla and Isaac Kuria alias Kush, all of whom have denied the charges.
The three had applied for bail, arguing for their constitutional right to liberty, but the court declined their request.
Justice Kavedza noted that the proximity of the accused to key witnesses posed a credible threat.
“The proximity of the accused to key witnesses and the vulnerability of those witnesses means the risk is not speculative but real,” the judge ruled.
“The likelihood of interference with witnesses is a compelling reason to deny bail. The risk is both immediate and credible, and no conditions of bail could adequately neutralise it.”
The prosecution had opposed their release, warning that granting bail would endanger public safety and erode trust in the judicial process.
They argued that releasing the suspects would be “fatal” to witness protection efforts, given the influence the deceased wielded and the heightened tensions his death has sparked.
Justice Kavedza agreed, noting the wider socio-political context of the case.
She observed that Ong’ondo, a sitting MP, was not only a public figure but also a leader who commanded significant influence in his constituency and beyond.
His killing, the court said, has drawn intense national attention, and releasing them at this stage could inflame public outrage.
“The court is alive to the prevailing socio-political context. The deceased, a sitting Member of Parliament, held considerable influence and enjoyed a significant public following. Releasing the accused at this stage would likely provoke public outrage and diminish public trust in the justice system,” the judge said.
Balancing the constitutional rights of the accused with the need to protect the integrity of the trial, Justice Kavedza said preserving public order and safeguarding the community outweighed granting bail.
“The court must weigh the constitutional presumption of innocence and right to liberty against the need to secure attendance of the accused at trial and protect the administration of justice,” she noted.
They will now remain in custody as the case proceeds to pre-trial.
A pre-trial conference has been scheduled for October 16, 2025, during which evidence will be presented and witnesses identified
