Judge moves 'Chelele' case over crowd

The suspect in the murder of songstress Diana Chemutai Musila, who popularly known as Chelele, will now take a plea in the High Court in Naivasha after a judge in Kericho cited crowd trouble.

Justice Hedwig Ong’udi said crowds threatened the security of the late musician’s husband, Mr Erick Musila, and his lawyers whenever they appeared in court for hearing of the case.

The judge Monday cautioned Chelele’s supporters against turning up in court in large numbers.

For the second time since the case started, Mr Musila was unable to take a plea after his lawyer, Mr Aggrey Simiyu, said he was not ready to do so.

Lady Justice Ong’udi directed that the case be transferred to Naivasha following an application by Mr Simiyu.

The lawyer had also requested that the matter be transferred to another jurisdiction, citing threats to his security.

“In the circumstances, I find it prudent to have this matter transferred to another jurisdiction for the plea and hearing. The case is hereby transferred to Naivasha, the same to be mentioned on February 10, before the Resident Judge. The deputy registrar to ensure that the file is forwarded immediately,” Judge Ong’udi directed.

THREATS

In a rather unusual court event, she took a minute to advise the legion of the late musician’s supporters, who had crammed the courtroom, to be patient and allow the course of justice to take place

“If you are threatening the defence counsel and the accused person, who will the court hear? Whatever happened is a sad thing, but let us be patient and allow due process to take its course. If you take the law into your own hands you may end up being arrested and charged with other offences,” Lady Justice Ong’udi said.

Mr Simiyu had pleaded with the court to have the matter transferred to Nairobi, citing the threats posed by the large numbers of people who had turned up in court during hearing of the case, He told the court that some people had recently tried to lynch his client.

In his argument for the transfer of the case, the lawyer further said that since his client was facing another murder charge in the same court, it would be imprudent for the court to take up a second murder case against him.

In 2012, Mr Musila, alongside his now deceased wife, were accused of being behind the murder of an Eldoret Town-based Surveyor, Mr Eliud Kipchirchir Yego, and brought before then Kericho High Court Judge Jean Gacheche.

The prosecution alleges that the two, on the night of March 30 and 31 in 2012, in the Ruzeya area in Konoin District in Bomet County, jointly with others, who were not presented in court, murdered the deceased Yego.

Lady Justice Ong’udi reached the decision to transfer the case to Naivasha after the Office of the Director of Public Prosecutions, through State Counsel S. Keli, raised no objection to the move.