Ong’ondo Were murder: Investigating Officer Ordered to Submit Exhibit Inventory

The High Court in Kibera has directed the investigating officer in the murder case of Kasipul MP Charles Ong’ondo Were to appear in person and provide a detailed list of items seized from the five accused individuals.

Justice Diana Kavedza issued the order during a pre-trial session on Friday to assess the readiness of both the prosecution and defence before the hearings begin. The judge emphasised the need for clear and accurate management of exhibits, instructing that all recovered items be categorised, labelled, and recorded in checklists signed by the accused and their lawyers. 

She said this process would ensure that only relevant materials are kept as evidence, while personal belongings unrelated to the case are returned promptly.

“The Investigating Officer should appear in court with a physical inventory of all items recovered from each accused. We need to determine which items should be released and which should remain as exhibits,” Justice Kavedza said.

The five accused, produced in court under a production order, face charges related to the killing of the Kasipul legislator. Each recounted the items taken at the time of arrest, including watches, clothing, medical records, birth certificates, and cash. 

Some possessions have reportedly been returned, while others remain in police custody, raising questions about proper documentation and the relevance of certain items to the case. State Counsel Gikui Gichuhi told the court that two sets of exhibit bundles had been prepared and partly shared with the defence. 

She acknowledged, however, that some physical items had not yet been presented, adding that the prosecution was working to ensure full compliance before the next pre-trial date. Defence lawyers, led by John Swaka, called for the immediate release of personal items that have no bearing on the case. Swaka argued that keeping documents such as academic certificates and clothing was unnecessary and placed an unfair burden on the accused. 

“There are items belonging to accused persons not part of exhibits. We don't need to file everything in applications, as they are costly. They should be released,” he said.

Justice Kavedza directed the investigating officer to clarify the status of each disputed item and to present them physically before the court. She stressed the importance of maintaining due process and preventing procedural issues that could affect the fairness of the trial.

The court also heard fresh bail applications for two of the accused. The defence sought their release, citing delays in proceedings, while the prosecution argued that the circumstances had not changed. Justice Kavedza ordered both sides to file written submissions, with oral presentations scheduled for 19 November.

The next pre-trial session will take place on 29 October.