Justice Diana Kavedza ordered that one of the accused, Ebel Ochieng alias Dave Colo suspected of issuing the threats be detained in isolation at Kamiti Maximum Prison, a high-security remand facility.
The judge said the court was treating the threats made against Prosecutor Allan Mulama with utmost seriousness. During the bail hearing, the investigating officer opposed the suspects’ release, citing their potential danger to both the prosecution team and witnesses.
The court was told that Ebel Ochieng had threatened the prosecutor reportedly saying, “Who is this person who does not want us to be released? We will kill him.”
Ebel Ochieng, suspect in the murder of Kasipul Kabondo MP Charles Were, will be remanded in Kamiti Prison for allegedly threatening a prosecutor.
Photo credit: Billy Ogada | Nation Media Group
“I am so frightened by the words directed at the prosecutor. Due to this new development, the accused are denied bail at this juncture,” she said.
As a result, she directed that all five suspects be remanded in custody and held at a high security facility.
The court also granted a request by the Director of Public Prosecutions (DPP) Renson Ingonga through Assistant DPP Gikui Gichuhi to have the suspects subjected to mental assessments to determine their fitness to stand trial.
The five accused, William Imoli alias Imo, Edwin Oduor Odhiambo alias Machuani, Ebel Ochieng alias Dave Colo, Allan Omondi Ogola and Isaac Kuria alias Kush will undergo psychiatric evaluation at Mathari Mental Hospital.
Three of the suspects, Imoli, Odhiambo and Ochieng appeared before Justice Kavedza at the Kibera High Court. The other two Ogola, the deceased MP’s bodyguard and Kuria the suspected hitman, appeared virtually before Justice Margaret Muigai who presides at the Milimani High Court.
During the virtual session, Prosecutor Mulama requested additional time to facilitate the mental assessments of the two suspects.
Kuria and Ogola followed the proceedings from the Directorate of Criminal Investigations (DCI) headquarters.
Mr Mulama also requested that the Deputy Registrar appoint defense attorneys for the accused should they be unable to engage private counsel, given the seriousness of the charges they face.
“Considering the nature of the case and the likelihood of more suspects being presented, we request that the accused be held separately as we continue with investigations, including exploring possible plea bargains,” said Mr Mulama.
Justice Muigai granted similar orders, directing the mental evaluation of Kuria and Ogola at Mathari Hospital.
All five are charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. If convicted, they face the death penalty.
The mental assessments are expected to take two weeks and the suspects are scheduled to appear before the two judges on June 17 and 18, 2025 for further directions.
The suspects have not yet been required to take a plea pending the completion of the mandatory legal processes including the mental assessments and assignment of legal representation.
Both judges informed the accused of the gravity of the charge and the legal requirements that accompany a capital offence.
“In the event you are convicted for the offence of murder, the penalty prescribed under the law is death. Therefore, each of you is required to have legal representation," the judges stated.
The accused were advised that they could hire their own lawyers, but if financially unable, the deputy registrar would appoint counsel for them.
A total of 11 suspects were arrested in connection with the fatal shooting of MP Ong’ondo Were on April 30, 2025 near City Mortuary in Nairobi.
Among those arrested was businessman-cum-politician Philip Aroko, who was released on a cash bail of Sh300,000 by Justice Kavedza as investigations into the killing continue.
