5 St Augustine's Preparatory staff deny murdering schoolboy

From right: St Augustine Preparatory School head-teacher Kesi Sara, Mr Venant Mwasaru, Mr Valid Mbadi, Mr Abednego Fundi. They denied murdering Jeremy Masila. PHOTO | KEVIN ODIT | NATION MEDIA GROUP

What you need to know:

  • Justice Chepkwony is expected to deliver a ruling Thursday on whether the accused will be released on bond.

  • Previously during a mention of the case, the court had directed the prosecution to supply the defence with all documents they intend to rely on during the trial.

  • The accused, when they first appeared in court, said they intend to challenge their prosecution.

The head-teacher and four workers of St Augustine Preparatory in Mombasa have pleaded not guilty to murder of a seven-year-old pupil who was crushed to death by the school’s bus.

Ms Kesi Sara (head-teacher), Mr Venant Mwaliko (bursar), Mr Valdi Mbadi (driver), Mr Abednego Fundi Mwendwa (mechanic) and bus conductor Charo Kazungu Charo denied jointly murdering Jeremy Masila in July.

BOND

Through lawyers Gikandi Ngibuni and Cherrie Oyier, the accused who appeared before Justice Dora Chepkwony made an application to be released on reasonable bond terms.

“I urge the court to admit them (accused) on reasonable bond terms. They shall comply with all the conditions the court will impose,” said Mr Ngibuini.

He said the accused, being staff members of the institution, were critical in preparation for national examinations.

Prosecuting counsel Alice Ochola said the state did not intend to oppose the release of the five on bond.

OFFENCE

“The bond terms should be commensurate to the charges they are facing. The offence is serious, whose punishment is death,” said Ms Ochola.

Justice Chepkwony allowed an application by lawyer Willis Oluga to join the proceedings on behalf of the victims.

Mr Oluga supported the prosecution’s view on the release of the accused on bond but said the fact that they are staff at the school is not a good reason that they cannot abscond, considering the charge they are facing.

“On behalf of the victims, this is not just murder, but murder of a seven-year-old school boy,” said Mr Oluga.

According to the charge, the accused together with others not before court jointly murdered Jeremy Masila.

The offence, the court heard, was committed on July 21, 2017 at Sega area, Majengo, in Mombasa County.

INQUEST

Justice Chepkwony is expected to deliver a ruling Thursday on whether the accused will be released on bond.

Previously during a mention of the case, the court had directed the prosecution to supply the defence with all documents they intend to rely on during the trial.

The accused, when they first appeared in court, said they intend to challenge their prosecution.

Instead, they want the Director of Public Prosecutions to open an inquest into the boy’s death.

Through their defence lawyers Gikandi Ngibuini, Francis Kadima and William Wameyo, they termed the murder charge as “ridiculous”.