Kimilili MP-elect Didmus Barasa was on Wednesday charged with the murder of Brian Odinga Olunga at Chebukwabi in Bungoma County on August 9.
Mr Olunga, 21, was an aide to Mr Brian Khaemba, the DAP-K candidate in the Kimilili MP’s race. He was buried on Saturday at his parents' rural home in Kelanda village, Malava constituency.
Principal prosecution counsel Grace Mukangu asked the court to order the accused to deposit his passport in court.
She also urged the court to order Mr Barasa not to own or use a gun as some of the conditions for his release on bond or cash bail.
Ms Mukangu also asked the judge to restrict Mr Barasa from entering Kimilili constituency until 23 witnesses listed in the case had testified.
“The accused should be ordered not to contact or interfere with the witnesses during the murder trial,” Ms Mukangu said.
“We are not opposed to the application for the accused to be released on bond or the alternative of cash bail, but we ask the court to consider the gravity of charges and make the bond terms strict with at least two sureties.”
Mr Barasa’s lawyer, Mr Nathan Tororei, said it was needless to ask his client to deposit his passport in court, arguing that he was not a flight risk.
He said the MP had sued in the High Court in Nairobi challenging the decision by the Directorate of Criminal Investigation (DCI) to bar him from owning or using a gun and a decision is pending.
Mr Tororei said if his client was ordered to deposit his passport in court, that would interfere with his work as an MP as he needed to travel out of the country frequently.
“I ask the court to take into account the fact that the accused voluntarily surrendered himself to police in Bungoma and he is not therefore a flight risk,” he said.
Mr Barasa was brought to court under tight security at 9.30am. Wearing a black leather jacket, he sat calmly in the dock before the charges were read to him.
A ruling on the passport matter and other conditions is expected at 3pm before he is released on bond.
