A couple suspected to be involved in the attempted murder of former Garissa Finance minister Idriss Mukhtar has been charged with attempted murder before a Nairobi court.
Mohammed Hussein Aden was charged alongside Juliet Charity Njoki whom he is said to have been cohabiting with, with attempting to kill Mukhtar and conspiring to kill his lawyer Charles Kanjama.
The court heard that the two jointly with others not before court attempted to cause the death of Mukhtar by shooting and injuring him.
Aden and Njoki are alleged to have committed the offense on 19th August 2018 at White Star restaurant along Kandara road in Kileleshwa, Nairobi, jointly with others not before court.
The two were further chargee that on diverse dates between 1st July and 27th September 2018 at an unknown place within Nairobi County, conspired with others not before court to kill Charles Njiru Kanjama, an advocate of the High Court of Kenya.
The two denied the charges before Chief Magistrate Francis Andayi.
The prosecution objected to release of the accused persons on bail on grounds that their conspirators are yet to be arrested and may therefore interfere with investigations.
The court heard that the police are apprehensive that if released on bail, the accused persons will cause more harm to the victim who is currently in the ICU at Nairobi Hospital since they did not manage to kill him the first time.
“Even if the court was grant the accused persons bail your honor, at least not at this stage,” the prosecution submitted.
The police are also apprehensive that the two are at flight risk since they co-habit near the ‘porous’ Kenya Somali border. In addition, it is alleged that until the conspirators are arrested, the life of Kanjama is still in danger.
The court further heard that Njoki, a mother of two was identified by a witness in an identification parade on 10th September 2018 who fears for her life if she is released on bail.
It was also alleged that the attempted murder on Mukhtar has stocked political heat in Garissa and considering the dynamics in that area, the situation may explode if the accused persons are released. Holding them pending the determination of the case was therefore for their own safety.
“There is intense animosity on the part of the victim and the accused persons’ families and the entire community within Garissa County is very charged. There is high likelihood that if the accused persons are released, their lives will be in danger,” the prosecution stated.
The defense however objected the application saying that bail is a constitutional right. They also submitted that residing on the ‘porous border’ and insecurity at the border is not a ground to deny him bail.
They also refuted the claims that Aden is married to the second accused person and submitted that he is actually married to one Mercy Wangui with whom they reside in Machakos County and have three children.
Njoki accused the police of torturing her during her stay in custody adding that since her arrest, she does not know the whereabouts of her little ones.
The prosecution said that they are not aware of any abode for the accused person in Machakos County.
Court will ruling on bond application on 18th September after the probation report is tabled before court to enable the magistrate rule on some of the issued the prosecution and the defense disagreed on, for instance whether the accused persons are married or not where they live etc….
The court also directed the Investigating Officer to table a report on the welfare and whereabouts of Njoki’s children citing that children are always a property.
The case will be heard on 17th October 2018.
