Court declines to release Nyeri tycoon’s phone in murder case
Stephen Wango’ondu at the Nyeri Law Courts on February 26, 2021.
A court in Nyeri on Wednesday declined an application by the lawyer of deceased murder suspect Stephen Wang’ondu to release his mobile phone.
Mr Wang’ondu died at a private hospital in May at a time when he was facing a murder charge for plotting the killing of his son Daniel Mwangi on January 1 in Mweiga.
Following his arrest, the office of the Director of Public Prosecutions (ODPP) had confiscated his phone.
While ruling on his lawyer's petition, Justice Florence Muchemi of the High Court in Nyeri said the phone is among exhibits set to be used during trial in the case facing the tycoon’s co-accused.
She said the DPP will rely on evidence collected from the device to prosecute the remaining suspects, Mr Eddy Kariuki and Mr Raphael Wachira.
“If released, the prosecution could lose vital information that it is relying on as evidence against the accused persons,” she said.
Mr Wang’ondu’s lawyer, Mahugu Mbarire, had requested that the court releases the phone to his family.
Nyeri tycoon Stephen Wang’ondu (left) converses with his lawyer Mahugu Mbarire at the Nyeri High Court on March 2, 2021.
This was after the judge, in a past ruling, released the tycoon’s vehicle to Mr Wang’ondu’s other son, Mr David Mworia. In the ruling, she had ordered that the vehicle, which was used to transport hitmen to the crime scene, is to be presented in court in every trial session.
Since onset of the suit, the court has released one of the suspects, Mr Geoffrey Warutumo, who was charged alongside Wang’ondu, Kariuki and Wachira.
The court has also sentenced James Mahinda, Mr Wang’ondu’s driver, to two years in prison and one-year probation after he signed a plea-bargaining agreement.
Both Mr Mahinda and Mr Warutumo will be used as prosecution witnesses and will testify against Mr Kariuki and Mr Wachira.
Hearing of the case continues on November 8.
