- Five individuals accused of killing Molo-based activist Richard Otieno have filed an application seeking a family lawyer to be barred from the case
- The accused, in their application, claim the activist’s family lawyer, Rosalinda Wamaitha, unprofessionally acquired privileged information from one of them
- Wamaitha, however, denied the allegations made against her and asked the court to dismiss the application
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Nakuru: Five individuals accused of the brutal murder of Molo-based activist Richard Otieno have filed an application seeking court orders barring family lawyer Rosalinda Wamaitha from the case.
The accused, in their application, claim the lawyer has privileged information from them.
Why Richard Otieno’s suspects oppose family lawyer
Appearing before Justice Patricia Gichohi at Nakuru Law Courts on Tuesday, April 8, the accused persons, through lawyer David Mongeri, argued that the advocate for the family acted unprofessionally as she had contact with them and had information about their knowledge of the case.
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“The accused must have their day in court without looking over their back whether someone is looking over their actions,” Mongeri told the court.
They further claimed Otieno’s family lawyer at some point took instructions from the second accused person, Peter Oketch alias DJIO, before his arrest.
“There was disclosure of privileged material information, which is when she called the police and the accused person was arrested. She delivered the second accused person to the police, having taken instructions from him,” Mongeri said.
But in her defense, Wamaitha said that the application has no merit and amounts to abuse of the court process.
While asking the court to dismiss the case, the lawyer denied the allegations that she met the second accused person and had lengthy talks with him.
“No scintilla of evidence has been exhibited before this honorable court. The argument that there is an advocate/client relationship between myself is another misplaced argument,” Wamaitha submitted.
She further said the application raises serious allegations, which she described as insensitive to the family of the deceased, especially the wife.
The court will deliver its ruling on the application on Tuesday, May 15.
When was Richard Otieno killed?
Otieno, commonly known as ‘Molo President’, was brutally murdered near his home in Elburgon, Nakuru county, on January 18.
He is said to have been attacked by unknown people while returning from watching an English Premier League (EPL) match.
His death was linked to his role in championing citizens’ rights and government accountability within the Molo sub-county.
Who are Molo activist murder suspects?
Previously, TUKO.co.ke reported that the detectives from the Directorate of Criminal Investigations (DCI) had arrested five suspects linked to the Molo activists’ murder.
The DCI listed Geoffrey Mavado, John Ndegwa, and Jorim Ngonga Sura as the main suspects.
Others also arrested were Clinton Simantu and Peter Mwaniki. The two are said to be boda boda riders who allegedly took the listed suspects to the crime scene.
Reports of the activist’s murder sparked a wave of protests among the locals in Molo.
Proofreading by Asher Omondi, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
