Two PSs to help in getting victim statement in Venezuelan envoy murder

The High Court has issued an order directing Interior PS Raymond Omollo and Foreign Affairs PS Korir Singoei to facilitate the procurement of a victim impact statement from the family of the late Venezuelan envoy Olga Fonsesca.

The statement is required to assist the court in sentencing former Venezuelan Diplomat Dwight Sagaray and three others found guilty of her murder.

Justice Roselyn Korir said the order is necessary as the court's process is being stalled by the failure of the respective offices to urgently facilitate the necessary diplomatic engagement for the victim impact statement.  

At the same time, the Judge gave the probation officer seven days to file part of the probation report that’s ready and serve it upon the defence and prosecution.

The officer was given more time following a request to the court.

The matter will come up on March 30 for a sentence hearing at 9 am.

Dwight was in 2012 arraigned at the Milimani Law Court and charged with the murder of Fonseca.

He was charged alongside Ahmed  Omindo, Alex Sifuna, Moses Kiprotich and Kirui Chelogoi. Another suspect Mohamed Ahmed Hassan was never captured and warrants of his arrest remain unexecuted to date. 

Fonseca was found murdered in her Runda residence in Nairobi. 

She was strangled to death on July 26 2012, less than two weeks after arriving in Kenya to head the diplomatic mission.

She replaced former ambassador Gerardo Silva who was facing allegations of sexual harassment by male workers from the embassy.

Olga's body was found lying on her bed with a wire cord around her neck, hands and legs.

In convicting them, trial judge Roselyn Korir on Wednesday said the state had proved their case against the accused persons apart from Chelogoi who was acquitted.

The prosecution presented an array of witnesses, 37 in total and produced 39 exhibits that were used to pin down the four. 

Korir said the evidence produced in court by the prosecution demonstrated there was an outright conflict between Olga and Dwight. 

That glaring conflict provided the motive to eliminate Olga. 

The court was able to deduce the hostile and acrimonious relationship between the two through the evidence from the embassy staff. 

"I have found their evidence to be credible. They narrated what they saw and experienced. They have no interest in siding with either party," the judge said.

Employees at the embassy were confused as to who was in charge.

Olga's arrival according to the evidence produced was not only resented by Mohamed and Dwight but also by some of the staff members. 

The court observed that Olga would from time to time complain about the living conditions and disrespect from the staff. 

The court noted that the ensuing power struggle was evidenced by the withdrawal of embassy vehicles by Olga from Dwight.

Olga had also wanted door locks at the chancery changed a few days before she was murdered.  

The Court in convicting the four considered a confession statement by Moses. 

The statement details how Ahmed, Alex, Moses and Mohamed held meetings to discuss the elimination of  Olga.

The meetings would take place in four different places within Gigiri.

Olga was to be slain for the price of Sh486, 000 with Mohammed being the mastermind.

Mohamed lamented how Olga had become a nuisance and wanted her dead. 

There was also direct evidence placing Mohamed at the residence where Olga was killed. 

Even though Dwight was not named in the confession statement, the court said he must have known of the plot to kill but did nothing about it. 

The court found that the confession statement which was later recanted by Moses revealed the sole purpose of the meeting to be how Olga would be eliminated.

Mohamed, according to the court, was keen to stop Olga from taking over the embassy. 

"There was a common intention between the three and  Mohamed playing a leading role to kill Olga," the court said.