High Court rejects bail for five accused in Ong’ondo Were killing
Kasipul MP Charles Ong’ondo Were was gunned down by a motorcycle assassin near Nairobi Funeral Home, minutes after leaving Parliament.
Five suspects charged over the murder of former Kasipul MP Charles Ong’ondo Were in April 30, 2025, will celebrate the Christmas and New Year festivities in prison after the high court rejected their bail applications.
Kibera High Court Judge dismissed the application to free the five suspects on bond, saying they had not met the legal threshold to be granted bond.
The judge said they will remain in prison custody pending the hearing and determination of the capital offence against them, which is punishable by death upon conviction.
Declining their release on bond, the trial judge said the prosecution has presented compelling grounds to warrant their bail denial.
Those charged with the killing are William Imali Shigali, Edwin Oduor Odhiambo, Ebel Ochieng alias Dave Calo, Dennis Sewe Manyasi and Allan Ogola Omondi.
All five were arrested over the killing of the controversial MP on the eve of Labour Day in the City Mortuary area.
The director of public prosecutions (DPP), through an assistant deputy director of prosecutions, Gikui Gichuhi, opposed the release of the five on bond, saying they are a flight risk and will interfere with prosecution witnesses.
The judge directed all five to remain in custody until January 22, 2026, for further pre-trial directions.
The judge has directed defense lawyers and prosecuting counsel to meet and agree on the supply of witness statements and exhibits.
The judge said the need for transparency, noting that all parties must have full access to materials that will form part of the trial record.
She directed the investigating officer to supply a copy of the inventory.
The accused had applied to be given back some of the items confiscated from them.
“The Investigating Officer should appear in court with a physical inventory of all items recovered from each accused. We need to determine which items should be released and which should remain as exhibits,” the judge observed.
The judge said the items should be placed in clearly marked bundles for both the prosecution and defence, with a checklist signed by each accused and their lawyers.
However, she acknowledged that some physical exhibits were yet to be presented. The prosecutor assured the court that her team was cooperating fully and would have all materials ready for the next pre-trial.
Defence lawyers, led by John Swaka and Stanley Kang’ahi, requested the immediate release of items not directly linked to the case.
Swaka argued that personal belongings such as academic certificates, wristwatches, and clothing should not be retained as evidence.
“There are items belonging to accused persons not part of exhibits. We don't need to file everything in applications, as they are costly. They should be released,” he submitted.
In her ruling, the judge directed the investigating officer to identify which items are genuinely part of the prosecution evidence and to physically produce the disputed items before the court.
“I will conduct an inquiry,” she said, stressing that proper pre-trial procedures must be completed before setting hearing dates.
The five were returned to prison until January 22,2026.
