Charles Were Murder: Lake Basin official to remain in custody for 23 days

Lake Basin Development Authority board member Ebel Ochieng, alias Dave Colo, will remain in custody for 23 days as police continue investigating his alleged involvement in the killing of Kasipul MP Charles Ong’ondo Were.

This decision was made after a Nairobi court dismissed an application to have the presiding magistrate step down from the case.

Principal Magistrate Irene Gichobi, sitting at the JKIA Law Courts, ruled against the application that sought her removal from the case.

She said the request lacked legal grounds and ordered the continued detention of Ochieng and his co-accused Edwin Oduor to allow police time to complete their investigations.

According to an affidavit presented by the Directorate of Criminal Investigations through Inspector Oliver Nabonwe, forensic analysis will be carried out on mobile phones and SIM cards seized from the suspects.

Investigators believe the suspects communicated with other individuals linked to the murder both before and after the crime was committed.

"Through mobile phone triangulation and interrogation of witnesses, persons of interest, and accomplices already in lawful custody, it has been established that the respondents were in constant communication immediately before, during, and after the crime, and were near the scenes through which the deceased's car passed. This necessitates further investigation," court documents said.

The officer added that the shooting is believed to have been carefully planned and executed.

CCTV footage from the IC3 surveillance system and private security cameras along the route leading to the scene of the murder is also being reviewed.

He further stated that early interviews with the suspects suggested they may hold vital information that could help solve the case and lead to more arrests.

Tension rose in court on Friday when a team of defence lawyers—Danstan Omari, Cliff Ombeta, and Sam Nyaberi—challenged Magistrate Gichobi’s authority to hear the case.

The legal team questioned the impartiality of the court, citing previous rulings in related applications.

"Your Honour, there cannot be two different rulings from the same court arising from the same set of facts and the same suspects," Omari argued.

He said that Ochieng was uncomfortable with Gichobi presiding over the matter and insisted the decision to reduce the detention period indicated possible bias.

Nyaberi said the court appeared partial in its decisions and that the perception of fairness had been lost.

Ombeta added that stepping down would show courage and fairness, urging the magistrate to allow another judicial officer to take over the case.

Despite these objections, the court chose to proceed and ruled that the suspects remain in custody as the murder probe continues.

The suspects were arrested last Wednesday after being identified by police as persons of interest in the murder of the legislator.

Investigations into the crime, which has stirred national attention, are ongoing, with authorities stating that more arrests are likely.