Nyamira Resident Judge Wilfrida Okwany has declined to release on bond four people accused of murdering a US based Kenyan man and his wife in Nyamakoroto, Nyamira County, five months ago on grounds that they faced the risk of being lynched by irate members of the public.
The judge also dismissed another application by the four accused, Ezekiel Mogeni, Peris Ondara, Dennis Ondara and Peter Njoroge to have their criminal case transferred to neighbouring Kisii High Court, stating that they did not provide any justifiable reasons to support their application and that the matter shall be heard and determined in Nyamira, where the offence happened.
On their application to be released on bond, Justice Okwany said the ground was very hostile against the suspects and that releasing them was tantamount to exposing them to the risk of being killed by angry members of the public who are upset by the brutal killing of Edward Morema and his wife, Grace, at their home.
The four have been charged that between March 20 and 21, 2023, in Nyamakoroto village of Nyamira County, brutally murdered the couple in their home.
“I have carefully considered the application and objections by counsel for the victims and the State. I have also considered the prayers for the transfer of the case to Kisii High Court. I note that whereas this court has powers to make such an order, the prayer must be supported by cogent reasons, in the instant case, besides the claim that court is close to the scene of the crime, such that certain challenges might be experienced, the nature of such challenges was not disclosed,” said Justice Okwany.
The judge further stated, “I am therefore not persuaded that the accused persons have made a case for the transfer of the matter to Kisii High Court, I decline to grant the order for the transfer.”
In regard to the application by three of the accused, Mogeni, Ondara and and Njoroge, to be released on bond, the judge said, “I am satisfied with the reasons advanced by the prosecution as contained in the affidavit sworn by the investigating officer, Sergeant Elian Mogire, and the affidavit of Cliff Morema, indicates that the first, third and fourth accused persons are repeat offenders whose criminal cases are still pending in other courts.”
“So having regard to the findings and observations made on this ruling, I am of the view that it will not be in the interest of Justice to grant the accused persons on bond at this stage of the proceedings.”
The case will be heard back-to-back from October 16 to 19th, the judge said, adding that the prosecution has lined up 17 witnesses.
“This gives you enough time to prepare,” said Justice Okwany.
