The High Court has deferred plea taking of suspects in Kevin Omwenga murder to Wednesday, September 9.
This is after one of the suspects, Chris Obure challenged the murder charge against him and sought to be made a witness in the case.
Obure’s lawyer Danstan Omari told the court that his client would serve better a state witness rather than an accused person.
Omari said that the other suspect Robert Bodo Ouko can take plea.
But in her ruling, Justice Mumbi Ngugi it would be prejudicial on Bodo to take plea alone since it is a joint charge.
Obure had termed the Director of Public Prosecutions’ decision to charge him with murder as malicious.
“It is therefore unreasonable in the circumstances to charge the applicant for the offence of murder while the facts demonstrate that he would better serve the interest of justice as a witness to the facts leading to the untimely and sudden death of the deceased,” the application read.
He further stated that he has cooperated with the police and allowed them access into his Santeu Plaza office where they obtained footage showing his bodyguard, Ouko, taking his gun from a safe.
“The CCTV footage shows Bodo breaking into my office and retrieving my firearm from its safe. Moreover, the CCTV captures him breaking in again and returning the gun that was allegedly used in the murder of Omwenga,” the application read further.
Obure also denied any links to the murder, stating that evidence showed that Ouko shot the deceased but using his firearm.