Man held in Ogunda death probe freed

The mystery surrounding the death of former minister Raphael Tuju’s wife lover has deepened after the prime suspect in the case was set free.

Cosmas Opondo, who had been arrested as police considered murder in the death of Tony Ogunda, was freed as the evidence could not sustain a charge against him.

He spent a week in police custody waiting to be charged with murder but a judge at the High Court in Nairobi Friday ruled that the police cannot continue holding him any longer “as there was no sufficient evidence yet” to link him to the offence, and ordered he be released “forthwith” untill such a time that comprehensive investigations prove otherwise.

“He is a free man now, the evidence gathered is insufficient to sustain a trial. He has been discharged and is willing to abide by any further conditions as directed,” Mr Opondo’s lawyer Stanley Kang’ahi said shortly after the directive was issued to the CID .

Justice Roselyne Korir, however, ordered Mr Opondo to "cooperate" with investigators and report to the Kilimani divisional criminal investigations officer Monday and Thursday "pending further orders from the court".

Ogunda, a former GSU officer who was dismissed for misconduct, shot to the limelight when Mr Tuju named him as respondent in a divorce suit against his wife Ruth Akinyi, accusing the former of having an extra marital affair with his wife.

Offensive messages

He had two pending criminal cases that Tuju lodged against him for sending offensive messages and trespass respectively.

Ogunda was found dead in Nairobi’s Upper Hill area. Police started pursuing a murder angle after an autopsy report revealed he had died of internal injuries.

On Friday, a state counsel told the judge investigations are not complete despite the seven day extension granted.

"Crucial testimony has not yet been record from key individuals connected to the case,” the state counsel said.

The court also heard that samples taken from Ogunda’s body are yet to be analysed at the government chemist.

"The government chemist is yet to provide a definite finding in a report."

Justice Korir said Mr Opondo’s release from custody was "proper" in light of the deadlock in investigations.

On Friday, some of Ogunda’s friends were summoned to the Kilimani Police Station for questioning. The officers wanted to know if he may have shared any vital information before his death.

“We have requested a number of them to record statements and share whatever they know in this matter,” said Kilimani CID boss George Ojuka.

Mr Tuju named Ogunda in the divorce petition seeking to end his 27-year marriage. The couple have three children.