High Court Judge Mumbi Ngugi has deffered the plea taking of Businessman Chris Obure and his bodyguard to Wednesday this week.
Obure who was set to be charged with the murder of businessman Kelvin Omwenga moved to court, challenging the murder charge.
As of Monday, Obure was expected to answer to one count of murder alongside his bodyguard Robert Bodo.
In an application filed before the High Court, Obure argues that he would serve better as a state witness rather than an accused person in the murder case.
Through lawyer Danstan Omar, the businessman said that since he’s a suspect, if he takes a plea without making his voice heard, then his fundamental rights would be prejudiced.
“It is therefore unreasonable to charge the applicant for the offense of murder while the facts demonstrate that the applicant would better serve the interest of justice as witness to the facts leading to the untimely and sudden death of the deceased Kevin Omwenga,” the application reads.
The application will be heard on Tueday.
In the same application, he also appears to throw his body guard under the bus, noting that CCTV footage showed Bodo breaking into his office and retrieving the murder weapon.
He also denies any knowledge of his bodyguard using the gun to kill the late Owenga.
According to Obure the charge of murder preferred against him is unconstitutional and an abuse of the court process.
Ballistic results from the Directorate of Criminal Investigations (DCI) show that the ceska pistol registered to Chris Obure was used in the scene of crime, with fingerprints positively traced to Bodo.
Citizen TV has obtained exclusive CCTV footage that appears to capture some crucial moments before the death of businessman Kevin Omwenga.
The footage captures some of the events at the Meriton group office of businessman Chris Obure on August 21, the day Omwenga lost his life.
Obure’s bodyguard Robert Bodo is seen at 6:26am making his way into the office and being the head of security and the boss’ personal bodyguard, he clearly can access all areas.
He heads straight for the drawer where he gets the keys to the safe and while on his way his own shadow on the TV appears to scare him. All this while he is in communication with someone on a walkie-talkie.
He heads for the safe and takes a ceska pistol which investigators believe belonged to Obure, indicative of someone who knows his way around guns he cocks it and holsters it before returning the key and finally leaving the office, three minutes later at 6:29am.
Fast forward to that evening when Omwenga lost his life, Bodo’s collected demeanor is visible as he helps the party down to the car but fails to board and join the rest to Nairobi Women’s Hospital.
The CCTV camera outside Galana suits captures him making his way towards Santeu plaza, which houses Obure’s office just next to Omwenga’s apartment at 11:37pm.
At 11:45 he walks into Obure’s office and the drill is the same only that this time round he was returning the firearm.
Not a licensed gun holder, Bodo, who has told investigators he learnt how to operate a gun online, is seen refilling the magazine after discharging one round on Omwenga.
He leaves at 11:43pm it is then that he is said to have boarded a motorbike to Kilimani Police Station where he was arrested.
Investigators will have to prove that this scene rules out Bodo’s earlier statement that he accidentally shot Omwenga in the process of taking back the gun.