Kisii court declines bail request by 6 suspects arrested for lynching 4 women » Capital News

KISII, Kenya, Dec 16 – Six suspects arrested over the lynching of four women accused of witchcraft will remain in custody pending their trial.

The High Court in Kisii on Thursday declined a bail application by Amos Nyakundi, Chrispine Ogeto, Peter Angwenyi, Brian Nyakundi, Ronald Ombati and Justin Morara citing the magnitude of the offence.

The six were charged with murder on October 17. They denied all the four counts of murder.

The suspects are reported to have attacked the victims in Nyagonyi village, Marani subcounty in Kisii.

In her ruling, Judge Rose Ougo also considered submissions by the prosecution whose lawyers argued that the safety of the suspects may not be guaranteed given the possibility of retaliatory attacks.

She noted that the suspects had not told the court where they intended to reside should they be set free for the court to assess whether or not they will be safe.

A probation report provided in court indicated that the security of the suspects was at risk.

The report also stated that the victims’ families would also be threatened by the said suspects.

In his oral submission Shaffin Kaba, representing the accused persons, said his clients were entitled to bond terms as provided by the constitution on the grounds that they have a right to be released on bond unless there were compelling reasons not to do so.

Prosecution counsel Susan Kibungi asked the court to decline the bond application citing the possibility of witness tampering.

She also argued the safety of the suspects may not be guaranteed.

Senior counsel John Khaminwa who represented the Kenya Human Rights Commission (KHRC) opposed the bail application saying the victims were elderly persons who deserved special recognition under the law.

“This is a great crime performed beyond boarders and this should be taken into account. The suspects should not be released on bond because of the offence committed,” Dr Khaminwa told the court.

Rosemary Kirui who appeared alongside Dr Khaminwa said a social inquiry report had reaved that tension was still high and therefore the safety of the suspects could not be guaranteed.