Businessman Chris Obure freed on Sh2m cash bail
Businessman Chris Obure was yesterday released on a cash bail of Sh2 million and two similar sureties.
Obure was charged alongside his bodyguard Robert Bodo with the murder of Kevin Omwenga in Kilimani area of Nairobi county.
Ouko has been freed a cash bail of Sh500,000 with two sureties of similar amount.
At the same time, High Court Judge Lady Justice Jessie Lessit barred the accused persons from holding any firearm until the case is heard and determined. She also directed them to identify their residential place in Nairobi county.
The two had earlier pleaded not guilty to the murder charge immediately after another High Court Judge, Lady Justice Mumbi Ngugi, dismissed an application by Obure seeking leave to apply for orders barring Director of Public Prosecutions (DPP) Noordin Haji from charging him with the offence. Justice Mumbi had said in her ruling via zoom thus: “At any rate, it is my finding that the application is without merit, has no basis in law, and I consequently decline to grant the leave prayed for”.
“The applicant cannot purport to instruct the office of the DPP on whether to charge him or have him appear as a witness.
Indeed, it seems to me that it would be to stretch the boundaries of review of the DPP’s discretion to appoint where it would be against the public interest were applications such as is presently before me, relating to the kind of matter before the High Court, to be entertained,” Ngugi said.
She had said that a cursory glance at the facts of this case leads to the inevitable conclusion that this would not, even remotely be one of the cases in which such review would be entered into.
She said the information against the applicant is that a man is dead. He is said to have been shot dead by the applicant’s co-accused using he applicant’s firearm.
In the case, Obure, through his lawyers led by Danstan Omari, had sought leave to file an application for judicial review orders of certiorari against the office of the DPP, to quash the decision to charge him.
DPP, through State Prosecutors led by Alex Muteti had urged Justice Mumbi to dismiss Obure’s application, saying it has no merit.
