The High Court in Kibera has summoned the investigating officer (IO) in the murder of Kasipul Member of Parliament Charles Ong’ondo Were to physically appear and present an inventory of exhibits recovered from the five accused persons.
Justice Diana Kavedza issued the directive on Friday during a pre-trial session where the prosecution, defence, and the accused met to confirm the supply of documents and exhibits.
The judge emphasised the need for transparency, noting that all parties must have full access to materials that will form part of the trial record.
“The Investigating Officer should appear in court with a physical inventory of all items recovered from each accused. We need to determine which items should be released and which should remain as exhibits,” she observed.
Justice Kavedza said the items should be placed in clearly marked bundles for both the prosecution and defence, with a checklist signed by each accused and their lawyers.
The five accused, who were produced in court following a production order, face charges related to the murder of the Kasipul legislator.
During the session, each accused listed items taken from them at the time of arrest, ranging from wristwatches and clothes to medical reports, birth certificates, and money.
Some of the items were reportedly returned, while others remain in police custody.
The judge questioned the handling of the exhibits, asking the police whether all seized items were properly documented.
The prosecution, led by State Counsel Gikui Gichuhi, confirmed that two sets of bundles had already been prepared and partially shared with the defence.
However, she acknowledged that some physical exhibits were yet to be presented. The State Counsel assured the court that her team was cooperating fully and would have all materials ready for the next pre-trial.
Defence lawyers, led by John Swaka, requested the immediate release of items not directly linked to the case.
Swaka argued that personal belongings such as academic certificates, wristwatches, and clothing should not be retained as evidence.
“There are items belonging to accused persons not part of exhibits. We don't need to file everything in applications, as they are costly. They should be released,” he submitted.
In response, Justice Kavedza directed the investigating officer to clarify which items are genuinely part of the prosecution evidence and to physically produce the disputed items before the court.
“I will conduct an inquiry,” she said, stressing that proper pre-trial procedures must be completed before setting hearing dates.
In the pre-trial session, fresh bail applications for two of the accused were heard.
Defence lawyer Swaka urged the court to reconsider their release, but the prosecution opposed, arguing that the circumstances surrounding the case remained unchanged.
Justice Diana Kavedza directed both sides to file their written submissions and scheduled oral highlights for November 19.
A further pre-trial session was set for October 29, 2025, directing that all accused persons be produced physically and that the IO attend with the full inventory.
Justice Kavedza noted that cases of national interest like this one must progress efficiently to avoid public anxiety.
