Former Riruta Member of County Assembly (MCA) Samuel Ndung’u was on Friday charged with killing his ex-wife.
The former MCA was accused of murdering his wife, Lucy Njambi on the night of January 24 in Kiambu County.
Ndung’u who was arraigned before Kiambu High Court Judge Joel Ngugi denied the charges.
His lawyer Robert Mutitu applied for his client be released on bail saying it was the right of any accused person according to the law.
The prosecution, however, opposed bail application saying they were not yet through with their investigation.
Mutitu told the court the prosecution and detectives have been holding the accused for the last 16 days which was ample time for them to have completed their investigation.
“The court is here to ensure the right of the accused person is upheld just as that of the witnesses and victims,” he said.
He said the accused was also an aggrieved party as far as the death of his former wife is concerned since he was also affected.
“The prosecution has not given any sufficient reasons as to why they have not so far interviewed all the potential witnesses and they have been holding him for the last 16 days,” said Mutitu.
Prosecution Counsel Jane Maari opposed the bail saying they had some vulnerable witnesses who have to be protected.
“We oppose the bail application since we have about five vulnerable witnesses who need witnesses’ protection. If the accused is released, they may fear to come and give out their evidence which is will be crucial in this trial,” said Maari.
The victim's lawyer Ndegwa Njiru also opposed the bail application by the accused saying some of the key witnesses who are the deceased’s family members will fear to testify in the case if the accused was released. Who interacted with the deceased before her death.
He told the court some of the key witnesses in the case were close family members and friends who interacted with the deceased before her death and whose evidence will have a serious bearing to the proceedings of the trial.
“The family members and friends of the deceased fear they may be injured or harmed if the accused is released on bail. They will not be bold enough to appear before this court and give their testimony,” said Mr Njiru.
The defence requested for witness statement and other documentary evidence in order to appropriately prepare for the case.
Justice Ngugi ordered the prosecution to file bail report within four days and issue the defense with witness statements and other documents they needed.
Ndung’u who got a chance to address the court pleaded with the Judge to order he be remanded at Kiambu Police Station instead of Nairobi Remand Home formerly known as Industrial Area Remand.
“I am sick since I normally asthmatic and I believe that Kiambu Police Station will be ideal for me. It will be easier to go to the hospital while there and also for my relatives to come and see me,” he told the court.
The judge ordered he be remanded at Nairobi Remand Home for the next ten days until February 19 when his bail application will be heard.
Njambi died on January 26 at Kenyatta hospital where she was receiving treatment after she was allegedly raped before being doused with acid by people who kidnapped her from her house at Thindigua along Kiambu road on January 24.
She was buried last Friday at her parent's home in Karembu village in Gatundu South constituency.