Ex military man Peter Mugure is aware of the consequences of self-representation in a capital offense, the DPP told a Nyeri High Court.
State counsel Duncan Ondimu while responding to a petition filed by Mugure last month said the DPP was not opposed to his request.
“The applicant has a right to represent himself provided that he is warned of the dangers of self-representation in murder cases,” said Ondimu.
Appearing before Justice Florence Muchemi, the prosecution declined to release Mugure’s vehicle which was used to transport the bodies of his wife and two children.
The vehicle, Ondimu argued, is listed as an exhibit.
“The said vehicle was used to ferry the bodies of his wife Joyce Syombua and his two children Shanice Maua and Peter Mwaura Junior from Laikipia military camp to where they were disposed of,” the court heard.
Ondimu also urged the court to reject Mugure’s application to review the release on bail or bond ruling.
The state counsel argued that the murder suspect has not produced evidence that could cause the court to review the February 21, 2021 ruling.
Investigating officer Reuben Mwaniki swore in an affidavit that Justice Jairus Ngaah, in a ruling, denied the suspect bail after he found that he tried to interfere with the case.
“The court found compelling reasons to warrant the detention of the accused pending the hearing and determination of this case and if released, the suspect who is facing a maximum sentence of death if found guilty might be tempted to abscond trial,” swore Mwaniki.
Mugure had in his petition demanded that the police release his military file “without unreasonable delay”.
But according to Mwaniki, the police had furnished the court with all the evidence the prosecution intends to use.
“The police are not withholding any military file belonging to the suspect as alleged in the petition,” he said.
The case will be heard on May 20.