MP’s bodyguard arrested over witness threats

By Roselyne Obala

A bodyguard to Ikolomani MP Bonny Khalwalwe is in custody.

Kakamega High Court resident judge Isaac Lenaola ordered Franklin Ndula’s arrest after he received a report over threats to witnesses in the ongoing election petition against Khalwalwe.

In his ruling, Justice Lenaola stated that the allegations contained in the report presented to him in court by Kakamega acting DCIO James Kariuki were serious.

"Allegations contained in this report are serious threats made in the precincts of this court, and which are clearly calculated to bring the integrity and honour of the court into disrepute," he ruled.

Lenaola had ordered the acting DCIO to investigate threat claims by witnesses of Bernard Shinali, the petitioner.

Arrest ordered

Shinali’s counsel Stephen Menesi had brought the matter before court.

Mr Kariuki told the court they had interrogated eight people in connection with the incident and recorded statements.

Without divulging the contents of the report, Lenaola ordered Ndula’s arrest.

Kakamega OCPD Hamisi Mabeya said they had the suspect in custody.

At the beginning of the hearing, Lenaola had ordered Khalwale and Mr Shinali to refrain their supporters from acts of violence.

The proceedings were adjourned to allow the judge to receive the report and make a ruling before it continued.

For the second time, Khalwalwe removed two paragraphs from the third witness, Macklines Shinali, contained in his sworn affidavit.

Khalwale’s counsel Julie Aulo sought the removal of three paragraphs, arguing they were scandalous and oppressive to her client.

"The basis of the matter are believed and cannot be supplied. They do not conform with the rules of the civil procedures," she argued.

Ms Aulo said the source of paragraph six, which was a newspaper cutting detailing the summons by defunct ECK to Khalwalwe over election offences, could be authenticated.