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Tom Osinde murder: Main suspect Julius Mugoi denies charges, detained
Former Treasury official Fred Mokaya Osinde whose body was recovered from River Kuja in Migori County, and Julius Mogoi (left), the prime suspect in Osinde's murder.
Julius Mogoi, the main suspect in the murder of former Treasury official Tom Osinde, on Monday, July 31, denied killing him.
Mogoi appeared before High Court judge Heston Nyanga and denied killing Osinde on the night of June 17 and 18 at Ngata farm in Rongai sub-county, Nakuru County.
However, the prosecution led by Ms Loice Murunga objected to the suspect being released on bail, telling the court that they feared for his own safety as he was more likely to be lynched by members of the public.
The prosecution also claimed that Mogoi would interfere with witnesses if released on bail.
As a result, the court ordered that Mogoi be remanded in Nakuru GK Prison until September 21 when the court will decide on bail.
Justice Nyaga ordered the prosecution to submit affidavits from relatives confirming that the defendant's release would endanger their lives.
Earlier, Ms Murunga told the court that the accused should be remanded in custody pending the hearing and determination of the case as he fled after committing the offence with the deceased's vehicle and some of the exhibits they will use as evidence.
She told the court that the accused had earlier fled to Nakuru from his rural home in Kisii County after committing a defilement offence to escape justice.
Ms Murunga submitted that one of the key witnesses they intend to rely on is his mother, who was found in custody of some of the exhibits belonging to the deceased.
She argued that the accused will interfere with the prosecution's witnesses, including his nephew and uncle, who revealed during the recording of their statements that they fear for their lives if he is released back into the community.
Ms Murunga added that the deceased's mother had caused a lot of public outrage, adding that the public was hostile and unwilling to accept him back into society.
"The witnesses who recorded their statements stated categorically that the accused fled his rural home after committing the crime of murder and defilement. This is a case where the prosecution is prepared to rely on circumstantial evidence and the witnesses, who the prosecution say are his relatives, where he left some of the evidence on which we intend to rely. We ask the court to deny him bail," she told the court.
However, Mogoi's lawyer asked the court to release him on reasonable bail.
The defence lawyer opposed the prosecution's application, arguing that his client had been in police custody since his arrest a month ago.
She told the court that the prosecution had not produced any evidence to show that the state's witnesses would be tampered with or interfered with by the defendant.
She further told the court that nothing has been placed on record to prove that her client is a flight risk.
She said her client had informed her that his home was in Kisii and that he only worked in Nakuru.
He lived in the deceased's homestead and returned home after the matter.
She further said that the prosecution had not produced any evidence in court to prove to the court that his life was in danger.