Murder suspect arrested while addressing media about slow investigation
A trader charged with the murder of a University student in Nairobi’ s Mbotela estate was arrested at a police station while complaining of the investigators’ inability to “bring the culprit to book.”
The court was told that Mr Elly Waga Omondi was addressing the media over the “slow nature of investigations,” shortly before his arrest.
Mr John Shegu, the case investigating officer, told the trial court that he arrested Mr Waga on March 28 2012 within Industrial area police station where he was addressing the press inside the OCPD’s office.
This was three days after the body of Ms Edinah Nyanchama Mogambi, a former student at Jomo Kenyatta University of Agriculture and Technology, was found stashed under her bed in a rented house she shared with a sister.
“I was handling a case of murder and while acting on a tip off my investigations led me to the office of the OCPD Makadara who was in the company of the DCIO and the suspect,” Mr Shegu told trial judge Stela Mutungi.
He said the accused, a food vendor in Mbotela neighbourhood, was a former boyfriend of the sister of the deceased but they had then broken up.
Mr Waga has denied a charge stating that on March 23, 2012, in house number 11 Block F at Mbotela Teleposta staff quarters, Nairobi, he murdered the first year university student.
“He was addressing the press at the OCPD’s office. He was complaining that the police were not doing much in their investigations to nail the culprit ,” Mr Shegu told the court.
The detective was testifying in a trial within a trial which arose after the suspect contested the admission of his confession statement as evidence in the murder case.
Mr Shegu said that after arresting the suspect, he confided in him that he was the “actual killer”.
Because he is not a chief inspector of police, Mr Shegu decided to parade the suspect before Mr Robert Kyaa who recorded the confession statement.
“Based on the information I got from a mobile service provider and an informer, I knew he was behind the death of the deceased,” Mr Shegu said.
On Thursday, the public had to be ordered out of the proceedings for the informer’s identity to be revealed after Mr Waga’s lawyer insisted that it was crucial to the defence case.
Mr Shegu said that the suspect narrated to him exactly what had transpired the night Ms Nyanchama was killed and confirmed he had done it.
“I also recovered items connecting him to the case,” the officer said adding that he later “ took him to chief inspector Kyaa for recording of the confession statement.”
He said he explained to the suspect the necessary procedure and he in turn said he was “comfortable” to record his statement without a lawyer or a relative’ presence.
“He was neither coerced nor compelled to confess,” Mr Shegu said.
The proceedings were adjourned to April 24 for a ruling on whether the confession statement can be admitted as part of the prosecution evidence.