By Kenan MirukaThe family of a voter who was shot dead in Kitutu-Chache during the 2007 General Election wants former MP Jimmy Angwenyi charged with murder.
Robert Ogoti Obwori’s widow Lydia Kemunto, through the family advocate Herbert Nyamurongi, has filed a petition at the Kisii High Court seeking to charge the former MP with murder.
Obwori died in a shoot-out outside Marani polling station as a group led by Mr Angwenyi left the venue.
Corporal Ronald Nyariki Obonyo, then bodyguard to the former MP, is facing a manslaughter charge at the Kisii Magistrate’s Court.
In the petition filed before Kisii Resident Judge Milton Makhandia, the widow claims that witnesses at the tallying hall saw the former MP shoot but only his aide has been charged.
She further argues that the case against the police officer was filed as manslaughter instead of murder.
Justice She has cited the Police Commissioner, and the Attorney General as the other respondents.
The family wants the High Court to compel the Police Commissioner and the AG to prosecute the former MP over Obwori’s murder.
The widow also claims the decision to charge Angwenyi’s bodyguard with manslaughter was meant to obstruct justice, which violates her rights and seeks the court’s protection.
In the petition, the widow says the case against the bodyguard has denied the family proper criminal justice process.
She wants the High Court to order a judicial review to quash the charge sheet against the police officer.
The former MP, through his lawyer DG Wachira, has objected the petition arguing that some of the prayers by the petitioner were unrealistic and the course of justice should not be subverted because one party feels offended by the same law.
Justice Makhandia gave two weeks for both parties to issue written submissions before a ruling is made on the fate of the petition. The case comes up for mention on June 17.
Meanwhile, the judge rejected prayers by the petitioner’s lawyer seeking for conservative orders against the ongoing case against the police officer.
Angwenyi was a PNU candidate, for Kitutu Chache seat, which was won by Foreign Affairs Assistant Minister Richard Onyonka.
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