The children of slain Dutch tycoon Herman Rouwenhorst do not want their mother, who is accused of killing their father, to set foot in their house in Shanzu, Mombasa.
The Mombasa High Court was told on Tuesday that the children do not want Ms Riziki Ali Cherono to visit them at their home where their father's gruesome murder took place two years ago.
"Unfortunately, the children are opposed to the accused visiting the residence because of the trauma they have suffered. They do not want to see their mother there," said Mr Collins Ondeng', who represents the family of the deceased.
The children reportedly have no problem seeing their mother, but do not want her to visit their home.
Ms Cherono's lawyer, Jared Magolo, had asked Justice Ann Ong'injo to review the suspect's bail conditions.
But the magistrate insisted that a report from the children's officer and the probation officer must be submitted to the court before a decision is made on whether to review the bail conditions and allow the children to see her.
While releasing her on Sh2 million bond in 2021, Justice Ong'injo issued orders restraining her from accessing Roco Apartments in Shanzu, where the children in question reside, without the authority of the court.
The court also blocked Ms Cherono from contacting, interfering or intimidating any witnesses and more specifically, the children whether directly or indirectly.
“Upon release on bond, the accused person shall reside with her mother in Uasin Gishu where she will be reporting on a weekly basis to the nearest Directorate of Criminal Investigations (DCI) offices,” said the Judge
The court also ordered Ms Cherono to deposit her passport with the Deputy Registrar at the High Court in Mombasa before she is freed.
However, Ms Cherono wants some of these orders varied, citing the cost of transport from Uasin Gishu to Mombasa whenever the case is being heard.
She is charged alongside Mr Timothy Omondi Ngowe alias Rashid alias Tony Ochieng’ alias Mohamed Khalid and Ms Mary Nekesa Ambani.
They are accused of murdering Mr Rouwenhorst and night guard Evans Pole Bokoro on June 4, 2021.
However, the three have denied the charges. More than five witnesses have testified in the case, including the two children of the deceased.
Among those who testified was a protected witness who revealed how the elimination of Mr Rouwenhorst was planned and executed.
The protected witness told the court how the murder plot was planned during a birthday party and a drinking binge, before it was carried out a month later.
The suspect has already entered into a plea bargain agreement with the state. The agreement is yet to be formally registered in court before the suspect takes the witness stand.
At the same time, Mr Omondi has asked the court to release him on bond. He has been in custody since his arrest in 2021, shortly after the tycoon's murder.
The case will be heard on December 13, 2023.
