The Directorate of Public Prosecutions now claims that businessman Chris Obure was seen near the late Kevin Omwenga’s house on the day of the murder.
In their response to Obure’s application challenging the murder charge, the state says they have evidence to charge the businessman with murder.
The DPP says Obure was placed at the scene of crime adding that he was in the vicinity of Omwenga’s house on that night.
The court further heard that Obure has given contradicting statements about his whereabouts on the day of the murder.
State Counsel Wanjiku Gichuhi has asked the court to allow the two accused persons to take a plea as they followed the law in charging them with murder.
“The DPP made the decision to charge them with murder after reviewing the contents of the file and the sufficiency of the evidence on record, ” she said.
Obure’s lawyer Danstan Omari dismissed claims by the state that his client was near the scene of the crime.
Obure’s bodyguard Robert Bodo in his statement said he took the gun from his boss’ office and sometime during the day he gave it to Omwenga.
He said Omwenga was with it until late that night when he was handing it back to Bodo it went off accidentally.
The DPP has also dismissed the CCTV footage released by Obure last weekend saying it had been tampered with.
Bodo’s lawyers told the court that Obure’s application is convicting their client and infringes on his right.
They said he was not given a chance to respond to the allegations by Obure.
The lawyers want both of them to take a plea and the averments by both the DPP and Obure should be dealt with at the trial.
The High Court on Monday deferred the plea taking for Obure and Bodo to Wednesday.
Obure and Obodo are suspects in the murder of Kevin Omwenga on August 21.
Obure’s lawyers opposed his taking a plea because there is an application before a court to stop him from pleading to the murder charge.
Omari told Justice Mumbi Ngugi via video link that they needed to argue the application in court first before their client could plead.
Omari said once Obure takes a plea he will automatically become an accused person and not a suspect.
In the application filed in court, Obure says he would serve better as a state witness rather than an accused person.
Obure argues that his intended prosecution and criminal proceedings are malicious, unlawful and an abuse of the court process.