Prosecuting Counsel Catherine Mwaniki on Wednesday urged the High Court not to release Erastus Ngura Odhiambo alias Ediot saying three potential witnesses would be in real danger if he was released on bail.
Justice Luka Kimaru heard that if Odhiambo was freed on bail, he was likely to inflict real danger on Diana Irungu, sister to the deceased, a watchman and the house girl who witnessed the alleged shooting.
Odhiambo has denied murdering 27-year-old Linda Wanjiku Irungu on the night of December 12 in Buru Buru Phase V.
“The prosecution prays that the accused be detained until the testimony of the key witnesses is procured because if released on bail he will inflict real danger on them,” Mwaniki pleaded.
The accused is a licensed firearm holder and is alleged to have shot the deceased from behind and kicked her several times in the stomach. He is also said to have tried to block relatives of the deceased from taking her to hospital.
Odhiambo through lawyer Samson Nyaberi pleaded with the court to release him on bail arguing that there are no compelling reasons to deny him bond.
Nyaberi refuted claims that he is likely to interfere with witnesses. He further argued that there is no evidence Odhiambo is likely to abscond trial.
“There are no compelling grounds to deny him his constitutional rights to be granted bail,” he submitted.
According to police records, the couple had an altercation before the husband whipped out a gun and allegedly shot his wife at close range.
Wanjiku is alleged to have attended a party with friends that night.
State Counsel Catherine Mwaniki told court that the medical report established that the accused was fit to stand trial.
Justice Kimaru will rule on the bail application on February 3.