Embu County Assembly Deputy Speaker in court over murder conspiracy charges

Embu County Assembly Deputy Speaker Ibrahim Swaleh (left) when he was arraigned in an Embu magistrate’s court in connection to a conspiracy to commit murder on March 18. He was formerly charged before the same court yesterday [PHOTO/JOSEPH MUCHIRI/STANDARD]

Embu County Assembly Deputy Speaker Ibrahim Swaleh has been charged with conspiracy to murder.

Appearing before Principal Magistrate Robinson Oigara, Swaleh was jointly charged with Alice Giariku who has been in custody on similar charges.

Giariku has been at the Manyatta Police Station since March 9, with her son John Mburu, who has since been released after State Counsel Patrick Onjoro said they would convert him into a prosecution witness.

Swaleh and Giariku were charged with conspiring, on diverse dates between March 4 and 7 at Dallas estate in Embu and Kayole in Nairobi, to have businessman Morris Muchiri Nyaga murdered.

They both denied the charges and applied to be supplied with the prosecution witnesses' statements and any other documents the prosecution was intending to use against them.

The magistrate released them on a Sh100, 000 bond each and surety of a similar amount before fixing a hearing for April 1.

under threat

The prosecution had applied for Mburu to give his evidence yesterday, saying he was under threat from other suspects still at large.

Onjoro said the suspects had been sending death threats to Mburu even when he was in the cells, and they feared his evidence could be lost if not given immediately.

However, Swaleh's lawyer David Njoroge opposed the application, arguing that the prosecution could use witness protection mechanisms to keep Mburu safe pending hearing of the case.

Mr Njoroge said his client had a right to be accorded adequate time for the trial.

He also applied to have Swaleh's two phones, impounded by the CID, returned as they were being held for no good reason since police should have finished scrutinising them.

The magistrate declined the prosecution's application for the case to be heard yesterday and directed that the witness be accorded adequate protection before and after the hearing.

He further said he would rule on Monday whether Swaleh's phones should be released after the prosecution opposed the application, saying the phones were exhibits and were in Nairobi for analysis.