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Why High Court threw out Chris Obure’s application to quash murder charge

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Businessman Chris Obure dealt blow after High Court throws out his application to block DPP from charging him with murdering Kevin Omwenga.
Kevin Owenga killing
Businessman Chris Obure (in pink suit) and his co-accused Robert Ouko Bodo in court. PHOTO | SHEILA MUTUA

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Businessman Chris Obure has been dealt a blow after High Court allowed the public prosecutor to charge him with murder over the killing of Kevin Omwenga.

The businessman is expected to be charged with murder on Wednesday afternoon, September 9, 2020, after High Court dismissed his application to quash the charge.

In her ruling, Justice Mumbi Ngugi said Obure’s application lacks merit and has no basis in law.

The application filed by his lawyer Danstan Omari was to quash the decision by the Office of Director of Public Prosecutions (ODPP) to charge Obure with murder, saying he was better off as a state witness.

Chris and his co-accused are expected to plead to murder charge before Justice Ngugi through a virtual session.

To allow the application, the judge said, is to stretch the boundaries of review of DPP discretion to a point where it would be against the public interest.

On Tuesday, September 8, the ODPP objected to the application, telling the court that it had sufficient evidence to support the murder charge against Obure.

In an affidavit, the investigating officer, Bashir Boya, told the court that contrary to Obure’s claims, there were no signs that his office was burglarised when the weapon used in the murder was taken from a safe.

The detective said Obure’s bodyguard gained access to his boss’s office with ease and was familiar with the premises.

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