Businessman Chris Obure has had his application challenging his murder plea dismissed.
Justice Mumbi Ngugi in her ruling on Wednesday said Obure's application lacked merit and he cannot dictate to the DPP whether to make him an accused or a state witness.
The court further ruled it is the trial court that will look at the said evidence produced by Obure as defence.
Obure and his bodyguard Robert Bodo are suspects in the murder of Kevin Omwenga on August 21.
Obure’s lawyers opposed his taking a plea after their application to stop him from pleading to the murder charge.
However, State Counsel Wanjiku Gichuhi had asked the court to allow the two accused persons to take plea as they followed the law in charging them with murder.
The Directorate of Public Prosecutions on Tuesday claimed that the businessman was seen near the late Kevin Omwenga's house on the day of the murder.
In their response to Obure's application challenging murder charge, the state says they have evidence to charge the businessman with murder.
The DPP says Obure was placed at the scene of crime adding that he was in the vicinity of Omwenga's house on that night.
The court further heard that Obure has given contradicting statements about his whereabouts on the day of the murder.
