{Prosecutors have warned they could be forced to seek the cancellation of televangelist James Ng’ang’a’s bond and those of his three co-accused.}
The threat comes after the case in which he is accused of causing the death of a woman by dangerous driving failed to continue on Wednesday.
The matter had been scheduled for a hearing on Wednesday after one of the accused successfully applied for an adjournment to allow his lawyer to first familiarise himself with the case.
Five witnesses, who are under the witness protection programme, were scheduled to give their evidence, but Mr Christoper Nzilu of the Kenya Police Air Wing objected, arguing that his lawyer was new to the case.
Pastor Ng’ang’a, of the Neno Evangelism Centre, has been charged with the death of Ms Mercy Njeri, who died in a road crash in Manguo, Limuru, on July 26.
He is charged alongside Mr Nzilu and Mr Patrick Baya, who are police officers, and a Mr Simon Kuria.
The three were released on a bond of Sh1 million, Sh100,000 and Sh50,000 respectively, pending the hearing and determination of the case.
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State Counsel Alloys Kemo had opposed the application, arguing that the lawyer had already been supplied with the documentary evidence and he had enough time to study the case and that the move was a ploy to delay the case.
Limuru Senior Principal Magistrate Godfrey Oduor, in a ruling, granted Mr Nzilu’s request, arguing that he has a right to fair trial, including representation by an advocate of his choice.
“We will not insist that the counsel of the third accused has been given enough time and it is not evident that the lawyer has previously been supplied with the evidence,” Mr Oduor ruled.
But State Counsel Kemo told the court the delay had caused fear among the protected witnesses, who now feel they are in danger.
He said if the delay continues, he would ask the court to cancel the accused’s bond.
Mr Kemo told the court the witnesses were apprehensive they might be exposed and believed the best way to make the defence serious on the matter was to have the accused detained.
“We urge this court to send a clear message that such a case, which involves protected witnesses, needs to proceed. When such thing (adjournments) happen, they create anxiety among the witnesses because they do not know if someone (defence) is looking for time to know who they are.”
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“If this goes on, we will at a later date be constrained because we think if bonds for all accused persons are cancelled, the parties will see the urgency of this matter and they will be ready to proceed,” Mr Kemo said.
But Mr Assa Nyakundi, who is representing Mr Ng’ang’a, dismissed prosecutors’ concerns that there could be threats posed to the witnesses, saying it was just “unfortunate insinuations”.
Mr Nyakundi said since the matter began, there had been no case witness interference or intimidation, and that if prosecutors felt there were threats, they must be self-inflicted fears.
“Their fear about protected witnesses is scaremongering. There is absolutely nothing from him (Ng’ang’a) suggesting any iota of truth about witness threatening, intimidation or interference,” he said.
Thirty witnesses have been lined up to testify against the accused persons.
The matter will he heard on December 11.
DAILY NATION
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