Magistrate detained nine days over spouse murder

A Nyeri magistrate who was yesterday charged with the murder of her lawyer husband will be detained in police cells for nine days.

Senior principal magistrate Pauline Omungala’s husband Robert Chesang’ was shot seven times in their upscale Lukenya home on February 17.

Omungala and her co-accused, Lawrence Lempesi, Peter Mbithi and Alex Wanyama, appeared in Mavoko law courts.

Lempesi is a retired senior NIS officer. Mbithi and Wanyama are police officers at Mutuini police post, Riruta, Kiambu county.

They appeared before principal magistrate Elvis Micheka. The magistrate ordered the accused to be returned to court on February 12.

In a sworn affidavit signed by CPL Kapario Lekakeny, a lead investigating officer in the case, the prosecution requested the court to grant the detectives nine days to complete their investigations.

However, defence lawyers representing Omungala, objected to continued detention.

Lawyers Hassan Nyakundi and Titus Ngomo said the magistrate is based in Nyeri and detaining her longer is a violation of her rights because she cannot flee the country.

“To say the circumstance in which the magistrate has found herself is a tragedy is an understatement. She is equally shocked with her husband’s murder,” Nyakundi told the court.

“When the death of her husband reached my client, she called the police and reported at Athi River police station several times.”

Nyakundi said detectives took the magistrate’s phone on February 19 for forensic analysis.

“The fact that they took the phone suggests they have confidence it will help them in the investigations. She has since recorded a statement with the police.”

He said Omungala and a team of detectives visited the murder scene on February 20 and the police took documents they believe could help in the investigation.

Nyakundi said the suspect has cooperated with the police and there is no chance she is a flight risk, because she has no relatives abroad. He pleaded with the court to release Omungala on bond.

The court turned down the bond request.

Nyakundi said the magistrate has two children to care for and detaining her will hurt them.

“Detaining her in custody will cause lots of harm not only to her, but also her children. The rights of children are enshrined in the Constitution,” he said.

Omungala is asthmatic and uses an inhaler and will have problems surviving in crowded places or confined spaces, the lawyer said.

Nyakundi said his client is ready and willing to appear anytime she is needed by police, even four days in a week.

He said police have keys to her house and title deeds that are not needed in court over the matter.

“The first respondent has been a magistrate in several courts, including this one. In circumstances like this, she has endless risks. It is a compelling case that the accused be released on bond as police decide whether she should be charged or not,” he said.

Police intend to search the magistrate’s Nyeri home. Her lawyer asked that she be allowed to to get her belongings under police guard.