Unformatted text preview: Why Raila may vie in 2022
Pages 4-5 Today the Nation reveals Opposition leader’s coalition agreement with
Kalonzo, Mudavadi and Wetang’ula, and how the stakes were stacked in his favour Friday, September 28, 2018 KSh60/00 (TSh1,700/00 : USh2,700/00 : RFr900/00) /dailynation No. 19446 ∫∫∫∫∫∫ Integrity > In Migori, MCAs plot to impeach the governor and his deputy following graft allegations Bleak days
governor West Pokot
Kisii Kenya’s new
Back Page Kenya National
reveals where teachers
are planning to buy test
papers, threatens sackings 10 more days: Governor accused of murdering
his girlfriend walked into court a bullish man
yesterday, high-ﬁving friends and looking forward
to freedom — the judge had other ideas Page 2
DENNIS ONSONGO | NATION The story so far: Migori Governor Okoth Obado (left)
was charged on Monday with the murder of his pregnant girlfriend Sharon Otieno between September 3
and 4 this year at Owade area in Rachuonyo sub-county,
Homa Bay County. The prosecution, in arguing against
his release on bail, says Mr Obado is an inﬂuential person and, as most of the witnesses are from his Migori
political turf, he could interfere with investigations.
Others charged with the offence are Mr Obado’s aide
Michael Oyamo and county clerk Caspal Obiero (right). Maribe gives
up the run Prosecution
Argued that the
offence of murder,
despite its gravity,
is bailable under the
Constitution Page 3 Journalist records
statement with detectives in
city murder investigation
INDEX News P. 2-12, Back Opinion P. 14-15,18 Letters P. 16 Defence Judge Warned that
on bail ran the risk
of allowing him to
interfere with case County News P. 21-24 Ruled that Governor
should be held for
10 more days as all
related cases are
consolidated International P. 27-29 Business P. 30, 33-35 Sport P. 51-56 2 | National News Friday, September 28, 2018 | DAILY NATION Charge > Migori Governor is charged with killing his 26-year-old girlfriend Obado to spend 10 more days in
prison as judge denies him bond
is yet to
be used in
the case BY SAM KIPLAGAT
[email protected] Migori Governor
Zacharia Okoth Obado
(left) and his aide
Caspal Obiero at the
Milimani Law Courts
yesterday. Both are
charged with the
murder of university
student Sharon Atieno. AND MAUREEN KAKAH
[email protected] M igori Governor Zacharia
Okoth Obado smiled wryly
after a judge yesterday rejected his application to be released
Initially, Mr Obado had sat
pensively in court following the
proceedings as he, together with his
lawyers, hoped that his application
will sail through.
However, the governor who was
arrested a week ago over the murder
of his girlfriend, 26-year-old Sharon
Otieno, will have to spend 10 more
days at the Industrial Area Remand
Prison, as he waits to make a fresh
application for his release.
Justice Jessie Lessit rejected the
application yesterday saying the
court was yet to see the witness
statements and documentary evidence to be used in the case to make
a determination as to whether it was
okay to free him on bond.
The judge said that it was early
for the court to make a conclusive
finding on issues raised by the
prosecution, among them the security and the volatile situation in
Migori County. She added that the
fact that the prosecution said that
investigations were still ongoing
“cannot be wished away”.
Justice Lessit, however, agreed
that security of the suspects was a
major issue and that was the reason
why Mr Obado and his co-accused
were arraigned in Nairobi and not
“The application cannot be determined before the witness statements
and other documentary evidence
are availed, because that is the only
way the court can fully exercise its
discretion and apply factors for consideration and determine whether or
not there exists compelling reasons
to deny bail,” the judge said. DENNIS ONSONGO | NATION Save time MURDER CASES
TO BE MERGED
Deputy DPP Jacob Ondari
also said they are likely to
consolidate the cases and
it was prudent that they be
heard on the same day and
before the same judge.
Judge Lessit agreed, “It is
prudent that these matters
are consolidated to save
on court’s time in writing a
multiplicity of judgments on
similar matters even though
each accused person has
She added the failure by the prosecution to provide the statements
cannot be interpreted to mean that
they do not have a case, unless there
are good grounds, which can lead
to such a conclusion.
On the alleged confession made
by one of the suspects in court, the judge said it is a matter to be
canvassed during the trial. The
alleged confession was made by
Mr Jackson Gombe, a suspect. And
on interference with witnesses, the
judge said the court can impose
strict terms, which will ensure that
it does not happen.
Mr Obado through lawyers Cliff
Ombeta and Nicholas Ombija had
argued that the offence of murder
is bailable under Article 49(1)(h) of
the constitution. Mr Ombeta had
submitted that the governor has a
qualiﬁed constitutional right to be
released on bond on reasonable
conditions and that he has a right
to be presumed innocent, until the
contrary is proven.
He said Mr Obado would avail
himself whenever required and
was ready to abide by any conditions that shall be set by the court.
The governor, he further said, had
co-operated with the investigators.
But Deputy Director of Public
Prosecutions Jacob Ondari opposed
his release saying Mr Obado is an
inﬂuential person and most of the witnesses are from Migori. Some of
the witnesses, he said, were county
employees and the police was yet
to record statements from them.
The prosecution also said it was
apprehensive that Mr Obado might
interfere with witnesses or suppress
The court noted that the case
has been changing and more suspects are being charged with the
murder of Ms Otieno. Mr Obado
was charged on Monday with the
murder of Ms Otieno, an offence
he allegedly committed between
September 3 and 4, at Owade in
Rachuonyo, Homa Bay County.
The charge stated that he committed the offence with others
not before the court. Yesterday, a
third suspect in the murder of the
Rongo University student denied
the charge before Justice Lesiit.
Mr Caspal Obiero, a clerk in
Migori County, denied killing Sharon. Justice Lesiit directed that Mr
Obiero be remanded at Industrial
Area until October 8, when he will
argue the bail application. Justice Lessit:
36 years on
Justice Jessie Wanjiku Lessit is the
presiding judge of the Criminal
Division at the High Court.
She was appointed a judge of the
High Court in December 2002
and has served in several stations
including Nakuru and Meru.
She has been in the Judiciary for
more than 30 years starting as a
district magistrate in 1982. She rose
through the ranks to become a chief
magistrate before her appointment
as a judge. She survived the 2003
purge on the Judiciary by the
Vetting of Judges and Magistrates
She studied law at the University
of Nairobi, where she obtained a
Bachelor of Laws degree in 1981.
She is the current chairperson of
Bonds and Bails Implementation
Committee Nairobi County Criminal
Court Users Committee.
In a recent speech delivered at the
Industrial Area Remand Prison, the
Judge said courts cannot purport to
be defenders of justice when they
are not held accountable.
“The Bail and Bond Implementation
Committee will continue to sensitise
magistrates and judges on the need
to give reasonable bail terms and
review cases constantly as well as
sensitise on other forms of securities
to make it easier for remandees to
post bail,” she said. — Sam Kiplagat ODM warns against being dragged into governor’s woes
BY NATION TEAM
ODM yesterday came out guns blazing
and cautioned against being dragged into
Migori Governor Okoth Obado’s murder
and graft cases.
The party warned that the cases, involving the murder of Rongo University
student Sharon Otieno and corruption,
were criminal in nature and urged the
public to let the government agencies
ODM secretary-general Edwin Sifuna,
speaking to Nation from Migori County
where members were in a campaign
trail for the party’s senatorial candidate Ochillo Ayacko for the October 8
by-election, said that they were busy
with the campaigns and nothing could
Some of Mr Obado’s supporters and
staff had questioned ODM leader Raila
Odinga’s silence on the governor's cases
and even linked some unnamed politicians to his woes.
Mr Odinga had urged the police to
fast-track investigations into Ms Otieno’s
murder and ensure the culprits are brought to book.
Mr Obado’s sympathisers who gathered outside Milimani law courts,
Nairobi, on Monday waved placards
with some blaming the ODM party for
the governor’s troubles.
Yesterday, Mr Sifuna however, termed
the allegations as “far-fetched theory.”
“We don’t control the police, DCI
(Directorate of Criminal Investigations)
or DPP (Directorate of Public Prosecutions). Where is the evidence linking
the party or anyone in it to the crimes?”
Migori ODM branch chairman Philip
Makabong’o said Mr Obado should "carry
his own cross.”
“The governor is our member and we
presume him to be innocent until proven
guilty as per our Laws. We are giving the
DPP and the Judiciary time to expedite
all the legal procedures and if found
guilty, we as a part shall not hesitate to
start the process of removing him from
the party,” Mr Makabong’o said.
Meanwhile, mixed reactions greeted
the continued detention of Mr Obado at
Nairobi's Industrial Area remand prison, VIVERE NANDIEMO | NATION Supporters of Migori Governor Okoth Obado demonstrating in Uriri market on Sunday.
ODM yesterday cautioned against being dragged into the governor’s troubles.
after the High Court disallowed his bail
His supporters including county
government employees expressed their
disappointment at the court decision but
said "we will abide by it."
"The denial of bail has technically grounded operations in this county because the governor is the chief executive
officer. His continued detention is a big
setback to the service delivery to the
people of Migori," said Mr Lawrence
Owino, a county employee.
The workers abandoned their offices in the afternoon to follow live proceedings
on TV as Justice Jessie Lessit delivered
In Migori Town, residents watched
the proceedings from their homes and
As some hoped for the governor's
release, critics wore happy faces saying
what they want to see is "justice for Ms
Sharon Otieno and her unborn baby."
"We can see the wheels of justice
have started rolling well. We know the
innocent ones will be acquitted with
culprits being thrown behind bars," said
a resident, Mr Charles Owallo.
Deputy Governor Nelson Mahanga and
County Secretary Christopher Rusana
have now taken charge of the county.
Some residents raised questions on
the coincidence the court’s decision
has caused. On October 8, when Mr
Obado will be in court again, they will
be heading to the polls to elect a new
senator, given that Mr Obado wields
grass roots support.
Reported by Justus Ochieng, Elisha
Otieno and Vivere Nandiemo DAILY NATION | Friday, September 28, 2018 National News | 3 Probe > Police grilled Maribe to corroborate her ﬁancé’s statement Slain woman eulogised
as outgoing, generous
and pillar of their family
BY MARY WAMBUI FRANCIS NDERITU | NATION LEFT: Television Journalist Jacque Maribe is escorted out of the
Kilimani police station yesterday where she had gone for questioning
over the murder of a woman linked to her ﬁancé Joseph Irungu Kuria.
TOP: Police dust Maribe’s car for ﬁngerprints. City murder case: Police quiz
TV star over ﬁancé statement
with detectives investigating
suspect 20688 Send the word “BREAK”
to 20688 to receive
breaking news alerts BY NATION TEAM
[email protected] D etectives investigating the
murder of Monica Kimani
yesterday interrogated TV Journalist Jacque Maribe to corroborate a
statement made by the main suspect,
28-year-old Joseph Irungu Kuria, who
is also her ﬁancé.
Detectives also want to establish
who owns a gun and a bullet which
were found in her bedroom and which
have since been taken for examination.
Ms Maribe arrived at the Kilimani
Police Station shortly after 2.30pm
yesterday, accompanied by Lawyer
Katwa Kigen and members of her family. She spent about 30 minutes at the
Kilimani Directorate of Criminal Investigations, DCI offices before being
escorted to the DCI headquarters.
Detectives also examined Ms
Maribe’s car, a Toyota Allion, with
Registration Number KCA 031E, believed to have been used by Mr Irungu
to visit Ms Kimani in her Lamuria
Garden’s apartment on the day she
Ms Maribe’s car was also of interest
to the detectives, because Mr Irungu
was driving it on Friday, the day he
claimed that he was shot on the left
shoulders by gunmen unknown to him,
as he left the Royal Park Apartment
where the journalist lives. The car
was according to detectives, not hit
by any bullet.
Samples of blood on the driver’s
seat were taken for forensic analysis.
After the dusting the car, the detectives
attached to the Directorate of Criminal Investigation’s Homicide Unit,
together with scene of crime analysts
moved to Monica’s apartment where
they spent the whole day collecting
samples for forensic analysis.
Kilimani OCPD Michael Muchiri
said that, apart from the circumstantial evidence that the detectives have
already collected in connection to
the murder on Wednesday last week,
detectives are collecting samples for
DNA matching to unmask Monica's
“The forensic experts are thoroughly
combing the scene of crime to ﬁnd any
clues in relation to the murder. They
are trying to gather as much evidence
as possible. There is a lot of dusting
going on there to look for evidence,”
Mr Muchiri said. At the house, police dusted the
surfaces of furniture, two wine glasses
found on the table, some other utensils, the bath tub where her body was
found, towels and clothes.
Police sources familiar with the
investigations also said that detectives had taken clothes that were on
the body of the deceased and those
that were worn by Mr Irungu when
he visited her. They include a white
Kanzu that neighbours said he wore
when he arrived at the house.
“So far the forensic officers are
doing a good job, they are professionals. There is a lot of photography,
dusting and generally piecing together
of the clues,” Mr Muchiri said outside
the deceased’s Lamuria Garden’s
Apart from the combing of the crime
scene, a team of detectives have been
sent to the United Arab Emirates and
South Sudan, to investigate the activities of Mr Irungu. The DCI is also
contemplating on sending a team of
investigators to Afghanistan, where
Mr Irungu worked earlier. A United
Arab Emirates Resident Identity Card Prime suspect: Joseph Irungu Kuria What’s alleged BROTHER FOUND
HER DEAD BODY
Monica’s brother George Thiru
discovered her body on Thursday
after he failed to reach her on
phone for days, and she failed
to turn up at the JKIA where she
was set to take a ﬂight to Dubai
for the holiday she had planned.
An analysis of Joseph Kuiria’s
phone showed that it remained
switched off till 3pm on Thursday. number 784-1990-0858139-1, a Kenyan passport, a Kenyan Identity Card
and other documents were conﬁscated
from Mr Irungu. Police are also studying his ﬁnancial transactions.
Yesterday, a detective also revealed
that it was hard to corroborate the activities of Mr Irungu, as he had said he
did not have his own house in Nairobi
and only lived with his ﬁancée.
“We really do not believe that he
had no residence of his own here in
Nairobi, although we also believe that
he used to spend most of his time at
Monica’s house when she was away.
We have information that he was taking care of this apartment but wanted
to be involved in a love affair with the
deceased,” a detective said.
The family of the deceased told detectives that Irungu and Monica were
students at the Kenya Polytechnic
but they were not close, until Irungu
started approaching her on social
media, long after their studies were
completed in 2011.
Monica, according to the police,
was engaged to another man, Yassir
Mohammed, who lives and works in
Khartoum. The couple was meant
to meet for holiday in Dubai from
Thursday last week.
Mr Irungu had on Monday told detectives that he was shot in the chest
on Friday morning after he dropped
Ms Maribe at her house in Langata.
The police have, however, remained
sceptical about this, as no watchman in
the apartment and those nearby heard
the gunshots. Also, police officers at
the Langata Police Station — located
just 200 metres from the apartment
did not hear any gunshot.
The time taken to report the incident
at the Langata Police Station under
OB number 79/21/9/2018, the general
features of the wound on the chest and
the fact that there was no exit wound
was questionable to the police.
On Wednesday, when the suspect
appeared before Kiambu Senior Principal Magistrate Stella Atambo, the
Chief Investigating Officer, Maxwell
Otieno expressed openly that the
investigators had doubts about the
wound being inﬂicted by a bullet.
“Part of what we want to establish
is whether the wound is indeed a gunshot wound. I am saying this because
preliminarily the wound may turn out
not to be a gunshot wound,” Mr Otieno
told the court. Family and friends of Monica
Nyawira Kimani, 28, who was
murdered in Nairobi at her house
last week gathered yesterday at
Mt Kenya University's Happy
Valley grounds in Thika for her
requiem mass ahead of her burial
today in Gilgil.
Her body was found in her
house on September 19 by
her brother, Mr George Thiru
Kimani, shortly after she had
returned into the country from
Tributes shared at the emotional mass portrayed the image
of a social, hardworking and
selﬂess giver, who wanted to live
a good life with a keen interest
in uplifting her family's social
Born on October 10, 1990 in
Gilgil, Nakuru County, the ﬁrst
born in a family of three schooled
at Ichachiri Secondary School in
Gatundu and later joined Technical University College in 2011
where she studied a diploma
course in international relations.
Her father, Bishop Paul Kimani Ngarama of the Rebuilding
Apostolic Mission Church, said Monica was the family's pillar
and had promised never to get
married without buying herself
a car and a house.
"And true to her words, she
got herself a car and a house.
She wanted the best for herself
and her family. She pushed me
to work hard and even though
I was a barber, she made me
realise I was never meant to die
as one," he said.
Monicah had acquired a significant amount of wealth including
several houses, land and vehicles
for her brother and recently a
Subaru Imprezza for her mother.
She died having promised her
father a Toyota V8.
Monica’s boyfriend was however absent at the requiem mass,
her brother Mr Thiru saying that
he works outside the country.
He, however, did not disclose
if he would attend her burial
tomorrow at Gilgil. Leaders who
attended the mass, including
Kiambu Governor Ferdinand
Waititu, strongly condemned
the murder and called all MPs
to amend the section of the
constitution that give capital
offenders the right to proceed
with trial on bond. MARY WAMBUI | NATION Mr Paul Ngarama and his wife Miriam Kimani at Happy Valley
grounds, Thika yesterday, during the requiem mass of their daughter,
Monica Nyawira who was killed last week in Nairobi. 4 | National News Friday, September 28, 2018 | DAILY NATION Agreement > A Nasa pre-election pact, whose details were kept secret since early 2017, can now be revealed ...
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