A Kibera court has warned it may be forced to acquit two murder suspects if the prosecution fails to present its witnesses, more than three years after the alleged crime occurred.
Presiding over the matter, Judge Diana Kavedza expressed frustration with the slow progress of the trial involving Daniel Omondi Ouma and Walter Muema Ouma, who are accused of murdering Peter Otieno Juma, also known as “Sanchez,” on February 13, 2022, in the Gatwekera area of Kibera.
The two suspects were arrested on the same day of the incident and have remained in custody since, with the trial repeatedly stalled due to the prosecution’s failure to avail witnesses. In Thursday’s court session, the judge granted another adjournment this time issuing a stern warning.
“The state must produce its witnesses,” Judge Kavedza emphasized. “If they decline, I will acquit the accused under Section 210 of the Criminal Procedure Code for lack of evidence.”
To compel attendance, the judge issued arrest warrants for the missing witnesses and also summoned both the Investigating Officer and the government pathologist to appear in court. Noting that the suspects had endured lengthy pre-trial detention without meaningful prosecution, Judge Kavedza further ordered that they be released on personal bond, subject to conditions, as the case proceeds.
The witness hearing has been rescheduled for October 15, 2025.
