Three suspects charged with the murder of Kasipul MP Charles Ong’ondo Were will remain in custody after the High Court in Kibera once again rejected their bail application, citing the risk of witness interference and the need to protect public interest.
Justice Diana Kavedza, delivering her ruling on Thursday, said the circumstances of the case presented compelling reasons to keep the accused detained as they await trial.
The decision marks the second time the accused have been denied bail since the case began. They are charged with the murder of the legislator, which occurred on April 30, 2025, around 7:40 pm at the City Mortuary Roundabout along Ngong Road in Kilimani, Nairobi.
The accused are Ebel Ochieng alias Dave Calo, William Imoli, and Edwin Oduor. They are facing charges alongside the MP’s bodyguard, Allan Omondi Ogolla, and Isaac Kuria alias Kush. All have pleaded not guilty to the offence.
In their application, the three had asked the court to grant bail on the basis of their constitutional right to liberty. However, Justice Kavedza ruled that their close proximity to key witnesses posed a credible threat that could not be ignored.
“The proximity of the accused to key witnesses and the vulnerability of those witnesses means the risk is not speculative but real,” the judge stated.
“The likelihood of interference with witnesses is a compelling reason to deny bail. The risk is both immediate and credible, and no conditions of bail could adequately neutralise it.”
The prosecution strongly opposed their release, warning that granting bail would endanger public safety and undermine witness protection efforts.
They argued that releasing the suspects would be “fatal” to the case given the influence the deceased wielded and the heightened tensions following his death.
Justice Kavedza concurred, observing that the killing of a sitting MP had attracted intense public attention and carried a wider socio-political weight.
“The court is alive to the prevailing socio-political context. The deceased, a sitting Member of Parliament, held considerable influence and enjoyed a significant public following. Releasing the accused at this stage would likely provoke public outrage and diminish public trust in the justice system,” she said.
The judge further explained that the court must balance the accused’s constitutional rights with the need to preserve public order and protect the integrity of the trial.
“The court must weigh the constitutional presumption of innocence and right to liberty against the need to secure attendance of the accused at trial and protect the administration of justice,” she noted.
The suspects will remain in custody as the case proceeds to the pre-trial stage. A pre-trial conference has been set for October 16, 2025, during which evidence will be shared and witnesses identified.