Gatundu South MP denied bond in murder case, to remain in custody

Gatundu South MP Gabriel Kagombe, who was arrested over the death of a boda boda rider David Nduati Wataha, will remain in police custody until Friday, June 7, after the High Court in Machakos declined to free him on bond.

At the same time, a Kiambu County MCA Peter Mburu Mungai was charged at the Milimani Law Courts in Nairobi with conspiracy to commit a crime through the publication of false information regarding the land for the construction of a modern market before the killing of the rider.

Mr Mungai, a relative of a senior employee in the Kiambu County Government Patrick Ng’ang’a Mungai, and Mr Kagombe were arrested by crime busters on Friday in connection with the killing of Mr Wataha.

“The arrest and detention of Kagombe (MP), Mungai (MCA Kamenu Ward) and Ng’ang’a revolve around the construction of the modern market within Thika Municipality,” defence lawyer Njiru Ndegwa told magistrate Ben Mark Ekhubi.

Before High Court Judge Francis Rayola in Machakos, Mr Kagombe did not take a plea as the prosecution applied to be allowed to take him for mental assessment before he can be asked to answer to murder charges. Justice Rayola directed the police to take him to Kiambu County Referral Hospital for a mental assessment On June 5, before he is formally charged on Friday.

“On whether or not the accused person should be released on anticipatory bond terms as issued in Kiambu on miscellaneous application number 804/24 is a matter of further litigation,” ruled the judge. The plea to release the lawmaker on bond was opposed by the State counsel on the basis of the information which had been filed, stating that bail is not permissible at this stage. “On this score I do agree with the State counsel that anticipatory bail granted only applied before charges are filed. Once formal charges are filed, the same anticipatory bail is overtaken by events and the accused person will apply for new bail/bond terms once formally charged before this court,” Mr Rayola ruled.

Trouble befell the first-term MP when he accompanied National Assembly Majority Leader and Kikuyu MP Kimani Ichung’wah, Gatundu North MP Elijah Njoroge, Thika Town MP Alice Ng’ang’a and other Kiambu politicians to commission a proposed market project a fortnight ago. He is accused of opening fire when two groups of Kiambu politicians and their supporters clashed over the market project. According to a charge sheet seen by Nation, the Director of Public Prosecutions is planning to charge the lawmaker with killing Mr Nduati.

“On the May 17, 2024, at around 4:30pm at Kimuchu in Makongeni Location in Thika West Sub-County in Kiambu County, he murdered David Nduati Wataha,” reads a section of the charge sheet seen by the Nation and signed by Gikuhi Gichuhi, an assistant Director of Public Prosecutions on behalf of the Director of Public Prosecutions.

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