Magistrate Chesang to remain in police custody longer over husband’s murder

Magistrate Pauline Chesang and four others accused of killing Advocate Robert Chesang will remain in police custody until Friday, June 14 pending a ruling on their bond application.

The bond ruling was deferred after Justice George Odunga was obliged to hear an application filed by the late Chesang’s family, seeking to have the case moved from Machakos.

The family of the deceased, through lawyer Vincent Kiptoon, argued that granting bond to any of the accused persons, particularly the first accused who is the wife of the deceased, would fundamentally affect the bearing towards fair trial.

“Real prejudice will be occasioned if this court handles this matter and that will be a compromise to the rights of the victim. The alternative court within Machakos recused itself from hearing this matter upon the application of the first accused person on the grounds of tribal and ethnic background of the judge and the deceased,” Kiptoon said.

However, Magistrate Chesang, through lawyer Osiemo Odero, opposed the application by family of the deceased, terming it as misplaced, mischievous and an attempt to delay issuance of bond to the first accused person.

“This application seeks to deny the accused person her constitutional right of presumption of innocence and granting of bail. This court should make a finding that the legal parameters to compel the court to recuse itself from the case have not been met,” Osiemo told justice Odunga.

In a sworn affidavit, Nehemiah Chesang, a brother to the deceased who is a prosecution witness, said the victims in the matter stood to suffer miscarriage of justice if the orders sought were not granted.

“For the general convenience of the parties and witnesses and for the expedient ends of justice to be met, it is imperative that this case be transferred to another court,” he said.

Justice Odunga said he will deliver a ruling on the application by Chesang’s family on Friday, June 14 whose outcome will determine whether or not he will preside over the bond application by the accused persons.

Magistrate Chesang, three police officers and a driver have been in police custody for the last three months over the murder of lawyer Robert Chesang who was shot dead at his Lukenya home on February 17, 2019.

The case had previously been heard by Justice David Kemei but an argument arose that the judge would not be impartial, hence, the case was transferred to Justice Odunga.