Police charged with murder of British aristocrat Alexander Monson

Three police officers have been charged with the murder of the son of British aristocrat.

Naftali Chege, Charles Wangombe and Ishmael Baraka, who appeared before Mombasa resident judge Erick Ogolla, denied committing the offence.

The charge sheet says that the suspects, jointly with others not before the court, murdered Alexander Monson on May 19, 2012 at Diani location, Msambweni constituency, Kwale County.

The judge ordered Mr Chege and Mr Baraka to be remanded at Shimo La Tewa Maximum prison pending ruling on their bond application.

The court, however, released Mr Wangombe on free bond due to his ill-health

INTERFERE

Mr Wangombe, through his lawyer Pascal Nabwana, said he is suffering from a chronic illness and that he is receiving treatment at Kenyatta National Hospital every Monday and Thursday.

“The suspect despite the ailment honoured summons and travelled from Laikipia County and appeared in court. That demonstrates that he cannot abscond court if granted bail,” he said.

He said Mr Wangombe has retired and that he is receiving pension and thus cannot attempt to jump bail since he is aware of the legal consequences.

Mr Chege and Mr Baraka were, however, detained after the prosecution opposed their release on bail.

They were charged after the prosecution substituted the charge sheet to exclude the name of another suspect John Pamba , whom the court has issued warrant of arrest against after failing to honour summon.

Prosecution counsel Jami Yamina said the suspects have the potential to interfere with witnesses and circumvent the course of justice.

UNTRUTHFUL

“We have reasonable apprehension that the accused may tamper with evidence, trace and interfere with witnesses,” he said

The prosecutor also asked the court to secure lower court inquest file, saying the prosecution intends to use documentary evidence used during the inquest to try the case

Citing findings from the magistrate’s court, Mr Yamina said the court noted there were several attempts by the suspects to cover up the facts surrounding the death of the Briton.

“The suspects were witnesses in the inquest and it was noted that the suspects who handled the deceased at the time of injury were untruthful. In addition, they are still in service and are capable of tracing and identifying the 39 witnesses and intimidate them,” he said

RUMOURS

He, however, said if the court finds it fit to grant bail, it should put in place strict conditions that the suspects should not contact the witnesses directly or through proxies.

Mr Monson family through lawyer Yusuf Aboubakar urged the court to deny the suspects bond claiming the deceased’s mother could be threatened by the suspects to frustrate the case.

“The deceased’s mother lives in Diani, the suspects know where the family lives. The family has been pushing for the prosecution,” he said.

But defence lawyers Abdurahman Aminga and Mr Nabwana termed the submissions by prosecution and the family as mere rumours without solid evidence.

UNCONSCIOUS

"The findings of the inquest were not conclusive and the manipulation of police as alleged by the prosecution are farfetched,” Mr Aminga said.

The inquest into the death of Mr Monson conducted by senior principal magistrate Richard Odenyo named the suspects as potential culprits and recommended the file be forwarded to Director of Public Prosecutions for consideration.

Mr Monson was arrested and locked up at the police station on suspicion of being in possession of drugs but was later found unconscious handcuffed to a hospital bed.

The ruling on bond application is on July 19.