, NAIROBI, Kenya, Jul 5 – The Office of the Director of Public Prosecutions and the police have until July 12 to determine whether or not to charge Cosmas Opondo for the murder of Tony Ogunda.
In an application presented to Justice Roseline Korir by Tabitha Ouya for the prosecution, the police asked for additional time to, “allow crucial witnesses record their statements,” before preferring charges.
“The main reason for this application is that investigations are incomplete and therefore we are praying for an extension of time, if possible seven days to enable us come to a decision whether or not to charge the respondent with murder,” Ouya submitted to Justice Korir.
Stanley Kang’ahi who represented Opondo did not challenge the request and even gave it his blessing, “I am aware of the application and I have been served with the notice of motion. We are agreeable on account of the reasons found therein that we come back after seven days.”
The application was filed on the strength of an affidavit filed by Senior Sergeant Richard Maobe who stated that as the preliminary post-mortem findings showed the late Ogunda suffered from blunt force trauma to the head and as tissue samples had been sent to the government chemist for testing, there was a need for additional time in which to carry out comprehensive investigations.
Justice Korir granted the prosecution’s request as there was no challenge from the defence and ordered that Opondo be remanded at the Kilimani Police Station where he has been held since his arrest on July 3.
Former Minister Raphael Tuju is one of the “crucial witnesses,” expected to record a statement with the police as Ogunda was found dead on his Upper Hill property and was widely assumed to be his estranged wife, Ruth Akinyi’s lover.
Akinyi who is also said to be Opondo’s aunt, recorded her statement on Thursday but it remains to be seen if her alleged affair was the reason for Ogunda’s suspected killing.
“It went well… they (the investigators) were very nice to me,” Akinyi told journalists after recording her statement.
Opondo was identified as a suspect as he had been drinking with the deceased a few hours before his death and the deceased was found dead on his sofa – Opondo is the caretaker of Tuju’s Upper Hill property.
It however remains to be seen if the additional week of investigation will be a lifeline or an indictment of Opondo.