Businessman Chris Obure will now be charged with the shooting of fellow businessman Kevin Omwenga.
The High Court Judge Justice Mumbi Ngugi rejected his application that had asked the decision by the DPP to press murder charges.
Justice Mumbi Ngugi said that the only court that can correctly accept and unravel the many threads and alterations of a murder charge is the court which will hear the evidence.
“The applicant cannot purport to instruct the office of the DPP on whether to charge him or have him appear as a witness,” she explained.
On Monday, Obure had appealed to be a witness in the murder trial, saying he had been assisting the investigators.
Reacting to the application on Tuesday, the office of the DPP recorded that preceding inquiries placed the businessman in the contiguity of the crime scene on a fateful night, asking the court to strike out the application.
The court also heard that the CCTV footage that placed the businessman’s bodyguard Robert Bodo in the heart of the matter had been tampered with.
In an affidavit by Sergeant Bashir Boya Segelan, the determination to charge the applicant with murder was acquainted by the adequacy of the proof on record and the public benefit.
“That the ground by the ex-parte applicant that the case against him is severe and malicious and amounts to an abuse of court process and is bad in law,” the prosecution says in the response.
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