Businessman Chris Obure has challenged the murder charge pressed against him by the DPP for the death of car dealer Kevin Omwenga in Kilimani three weeks ago.
An application filed in court on Monday morning, Obure, through his lawyers, said he would serve better as a state witness rather than an accused person.
Obure argues that his intended prosecution and criminal proceedings are malicious, scandalous unlawful, unconstitutional and an abuse of the court process.
“It is therefore unreasonable in the circumstances to charge the applicant for the offense of murder while the facts demonstrate that he would better serve the interest of justice as a witness to the facts leading to the untimely and sudden death of the deceased,” the application reads.
He wants the court to quash the decision by the DPP to charge him with the offense of murder.
Obure said he has cooperated with the investigating officers in the case and on August 30, he executed a consent allowing the officers from the DCI to obtain the CCTV footage of his office in an attempt to help them in uncovering the mystery behind the sudden murder of Omwenga.
“The CCTV footage shows Bodo breaking into my office and retrieving my firearm from its safe. Moreover, the CCTV captures him breaking in again and returning the gun that was allegedly used in the murder of Omwenga,” the application reads.
The application further states that it is no doubt that the deceased was shot by Robert Bodo and that the firearm that caused the death of the deceased is registered under the name of Obure but he had nothing to do with the killing of Omwenga.
Obure and Bodo are expected to appear before Justice Mumbi Ngugi at 11.30 am via Zoom to answer to the charge of murder.
Obure is represented by Lawyer Danstan Omari who is expected to argue out the application before the court in a bid to stop him from taking the plea.
Omwenga, 28, was shot in his bedroom with a firearm belonging to Obure.
At the time of the shooting, the victim was in the company of his brother Wycliffe Omwenga, 28, Bodo, and two other men and a woman, according to police reports.
Wycliffe, who was first to respond to the sound of gunfire, found his brother lying on his back with blood oozing from his chest.
He was rushed to Nairobi Women’s Hospital Adams branch where he was pronounced dead on arrival, a police report filed at Kilimani police station indicates.
CCTV footage showed Omwenga leaving the apartment at 9.39 pm and returning an hour later with a woman, Bodo following him a few moments later.
Obure is a licensed firearm holder while Bodo is not.