A Machakos Court is tomorrow expected to rule out whether or not nine suspects accused of murder of a 55-year old woman in Kyambuko village in Machakos and malicious damage to property will be held in police custody pending further investigation.
Machakos High Court deputy registrar, Kipchumba Kenei today said she will on tomorrow give directions on a miscellaneous application brought up by the prosecution, seeking the court’s nod for extension of time to continue holding the suspects in custody.
The suspects include Anthony Mutiso, Paul Muvengei, Benson Mwanzia, Harrison Mwanzia and Shadrach Muvengei Others are Noah Muvengei, Benjamin Kituku, Elizabeth Mueni and Esther Kavindu.
Today the prosecution filed a miscellaneous application in the court seeking the court’s approval to hold the suspects for more days as detectives gather more evidence to charge the suspects.
But the suspects’ lawyer, Stanley Nthiw’a fiercely opposed the application, terming it illegal and unconstitutional.
“Holding suspects under miscellaneous application is contrary to the Constitution. An accused person must be formally charged before a court of law,” Nthiw’a told the deputy registrar.
The lawyer pointed out the orders sought by prosecution to extend the duration of holding the suspects in police custody was an affront to their rights.
“The arrest and arraignment of the accused persons without a charge violates their rights and freedoms under Article 29 of the Constitution,” he said.
Nthiw’a further told the court that the prosecution had not tabled any evidence before court to prove the suspects were a flight risk.
The suspects are alleged to have hacked the 55-year old woman to death early this month before setting her house on fire in a suspected tussle over family property.
Ms Kenei will rule on the application tomorrow morning.