Witnesses “reluctant” to testify in Venezuela envoy murder trial

Mr Dwight Sagaray at the Milimani Law Courts on July 27, 2015. He is among five people charged with the murder of Venezuela Ambassador Olga Fonseca. FILE PHOTO | EVANS HABIL | NATION MEDIA GROUP

What you need to know:

  • Ms Fonseca was found murdered at her residence on July 27, 2012 in Runda Estate.
  • The police officers who the prosecution said are unwilling to testify include the investigating officer, Ms Anne Gitahi, who has since retired.

Key witnesses in the late Venezuelan ambassador Olga Fonseca's murder case are reluctant to testify, a trial court was told on Monday.

The prosecution said witnesses, who include a former police officer and a city lawyer, have not honoured witness summons.

The court issued fresh summons to the officer and issued a warrant of arrest against lawyer John Ngure for failing to appear in court to testify.

There is also a pending warrant of arrest against one Mr Allan Kicheko, who the prosecution said has since switched off his mobile phone and cannot be traced.

Trial judge Justice Roslyn Korir said on Monday that she was adjourning the case reluctantly but warned that the prosecution must conduct itself with "seriousness".

"The prosecution has not demonstrated the due diligence expected to help the court deal with the matter expeditiously," the judge said, adding that the state had the machinery to ensure that witnesses attend court as summoned.

Ms Fonseca was found murdered at her residence on July 27, 2012 in Runda Estate, Nairobi, barely a week after her posting to Nairobi.

Mr Dwight Sagaray, a diplomat at the embassy, has been charged alongside five Kenyans with the murder.

The police officers who the prosecution said are unwilling to testify include the investigating officer, Ms Anne Gitahi, who has since retired, and a Mr Mumo Mbusia of the Nairobi area police division.

Justice Korir directed that the hearing proceed on Tuesday.