DPP opposes bond for soldier accused of murdering wife and children

The Director of Public Prosecutions (DPP) has opposed a bond application from a former Kenya Air Force soldier accused of killing his wife and two children.

Senior Assistant Director of Public Prosecutions Peter Mailanyi said a document had been filed in court demonstrating how Peter Mugure had tried to tamper with a key witness in the murder case.

Mr Mailanyi told Justice Jairus Ngaah that Mr Mugure’s sister, Nancy Wambui, had visited Collin Pamba, a co-accused who is being held at the Kerugoya GK Prison, with the intention of persuading him to recant his statement.

Mr Pamba is charged alongside Mugure with the murders of Joyce Syombua, 31, her 10-year-old daughter Shanice Maua, and five-year-old son Prince Michael.

Citing a replying affidavit filed by Reuben Mwaniki, the investigating officer, Mailanyi said they had a visitor's register that showed Ms Wambui was allowed to meet with Pamba after lying that she was his relative. The meeting lasted 10 minutes and the woman gave the accused Sh150.

Key witness

"Pamba is a key witness and the accused's sister made an attempt to try to influence his testimony. We will be consolidating his case with that of Mugure,” said the prosecutor.

Mailanyi further argued that Mugure was likely to abscond if released, owing to the serious nature of the offence he is alleged to have committed.

"If convicted, he is likely to be sentenced to death, and that would make it possible for him to jump bond."

Mailanyi said the prosecution had submitted "overwhelming" evidence that Mugure was directly involved in the murder of his wife and children.

"My submission is that most of the 26 witnesses are known by the accused; some of whom were junior military officers under his command. Their safety is paramount to a fair conclusion of this case."

Mugure's lawyer Kimani Njuguna, however, said the reasons advanced by the prosecution were not sufficient to deny bond.

"My client has a constitutional right to bond. The right is not absolute but each case should be considered on its own circumstance and merit," Mr Njuguna said.

The court will make its ruling on the matter on February 21.