The public prosecutor has been given a month to decide whether to proceed with the trial against an alleged hitman who implicated former assistant minister Betty Tett in a murder plot.
John Linus Wachira who has since denied a conspiracy charge stating he plotted to kill advertising executive Andrew John Laird White, jointly with another not before court, will know his fate on March 16 after the Director of Public Prosecutions either gives an approval for his prosecution or drops the case altogether.
On Thursday, the case came up for hearing but the state asked for an adjournment on the grounds that “the file had been recalled for review and subsequent directions”.
The trial court allowed the adjournment but stated it needed a report by the next hearing date on the way forward.
Lawyer Cliff Ombeta who has been retained by the complainant said “a suspect who is supposed to be in the case has not been charged yet”.
However, he did not identity the suspect.
“We have raised a complaint with the Director of Criminal Investigations Mr Ndegwa Muhoro and the officer who was in charge of investigations at CID headquarters, our question still remains why the suspect has not been produced before court to take plea yet the file was transferred to the DPP to charge the suspect,” he said.
Mr Wachira has since been released on a Sh500,000 bond after the court overruled the prosecution’s request to deny him bail pending the trial.
He is required to be reporting to police once every two weeks and is not allowed to contact Mr White.
The trial court also prohibited the suspect from visiting the residence of the complainant or sending emissaries for reconciliation and out of court settlement of the case.
While applying for the denial of bond a prosecutor had claimed that there was apprehension that once the suspect is granted bail he may interfere with the key witness in the case, Mr White, who “is well known to him”.
In the case, Mr Wachira is charged with conspiring with others to kill Mr White.
The prosecution says the offence was committed between August 1 and December 29.
Ms Tett has since been questioned over the matter after the alleged hitman named her in the murder plot.
It is said Ms Tett’s relationship with Mr White grew frosty before she approached the hitman to eliminate her former business partner.
Cyber crime detectives reportedly seized the former politician's mobile phones for analysis supposedly to set the stage for her possible prosecution.
Mr Wachira was arrested on December 29 after he allegedly went to collect Sh3 million from Mr White after leaking the murder plot.