Suspect linked to Msando’s death discharged
An accountant being investigated over the death of slain Independent Electoral boundaries commission (IEBC) ICT manager Chris Msando has been discharged by the High Court with no charges being preferred.
The Director of Public Prosecutions (DPP) Keriako Tobiko urged Justice James Wakiaga to discharge the suspect, Mr Andrew Kipkoech Rono, then direct him to be reporting to the homicide department of the at the Directorate of Criminal Investigations (DCI).
State prosecutor Ms Catherine Mwaniki urged Justice Wakiaga to release the suspect to the police for further investigations but defence lawyers Harun Ndubi and Geofrey Tele opposed saying “no charges have been preferred against the suspect despite being detained for 19 days.”
Ms Mwaniki stated that she had been instructed by the DPP to ask the court to discharge the suspect while investigations proceed.
HELD IN CUSTODY
“Police will release the suspect on bond then require him to report to the homicide department of the Directorate of Criminal Investigations as it deems necessary,” Ms Mwaniki submitted.
Mr Ndubi opposed further detention of the suspect stating that police have not found any cogent evidence to enable them file a murder charge against Mr Rono then urged Justice Wakiaga to discharge him unconditionally.
Mr Rono, 58, an accountant with a state corporation has been in police custody for 19 days. He will be released on a police bond with the investigations on the death of Mr Msand ongoing.
He has been in custody since August 16, 2017 when he was detained on orders of a Kiambu Magistrate.
The magistrate had allowed a police request to have Mr Rono detained and probed for allegedly threatening the deceased.
The defence lawyers had applied to have the detention orders by the magistrate quashed saying they violated his fundamental and constitutional rights.
“The magistrate did not exercise her discretion judiciously in ordering the suspect be detained for 14 days in total disregarded of his rights under Article 49 of the Constitution which allows a suspect to be admitted to bond,” the court heard.
In his ruling, Justice Wakiaga discharged the suspect and directed the case be mentioned before Kiambu High Court on October 2 for further directions.