Trio faces arrest for 'derailing' trial of murder case


The High Court in Eldoret has issued warrants of arrest against three key prosecution witnesses accused of derailing the hearing of a murder case that has been pending in court over the past four years.

Justice Reuben Nyakundi directed the immediate arrest of Michael Wamalwa, Diana Simiyu and Jane Githua after they failed to appear in court.

The trio was set to testify over the brutal murder of Livingstone Kamau in a domestic feud at his Moi's Bridge home in Uasin Gishu County.

Court summonses

The judge asked police officers from the Directorate of the Criminal Investigations department based at Moi’s Bridge to move with speed and arrest the witnesses for disobeying the court’s summonses.

“I hereby issue a warrant for the arrest against the three witnesses for failure to appear before this court to give their evidence as directed,” ruled Justice Nyakundi.

According to Prosecutor Mark Mugun, the three witnesses have been ignoring court summonses, leading to the stalling of the case four years since it was filed in court.

The prosecutor said it was wrong for the witnesses to take the court for granted by snubbing summonses.

“It is unfortunate that despite issuing summonses to the three witnesses to appear in court, they have ignored and instead continued to run their errands unbothered,” Mugun said.

The court's order came after the deceased’s father, Josphat Mwangi, told the court the three witnesses, who were his late son's neighbours, were employing delaying tactics to derail the case.

“I have been travelling from Kakuma area in Turkana County to Eldoret for the hearing of the murder case for my late son only to be told it has been adjourned because of failure by the three witnesses to appear in court,” he said.

Seek justice

Mwangi said he has spent a lot of money on transport, accommodation and food in his quest to seek justice. He asked the court to reimburse him for the costs he had incurred.

The three prosecution witnesses are to testify in the murder case in which Abigael Yego, a housewife, is accused of stabbing her estranged husband Kamau to death following a family feud.

She is said to have committed the offence on June 17, 2019.

The accused, who is out on a Sh200,000 bond, has denied the murder charge.

Justice Nyakundi directed that the case be mentioned on November 21 to confirm whether his orders have been effected.