Gatundu South MP detained until Friday ahead of plea hearing in murder case

A High Court Judge has ordered the detention of Gatundu South MP Gabriel Kagombe until June 7, when he is expected back in court to take plea to a murder charges following the killing of a bodaboda rider in Thika two weeks ago.

The MP was arrested on Friday after hiding for days, over the death of David Nduati Wataha on May 17 in the Kimuchu area, Thika sub-county during a fracas over a market.

In his ruling, Justice Francis Rayola ordered that the MP be subjected to a mental health assessment on Wednesday at Kiambu Level Five Hospital to determine if he is fit to take, the murder plea.

"On whether or not the accused person should be released on anticipatory bond terms as issued in Kiambu on the miscellaneous application number 804/24 is a matter of further litigation," ruled the judge.

The MP's lawyer had sought his client's release on bond, a move that was opposed by the State Counsel.

"I do agree with the State counsel that anticipatory bail granted only applied before charges are filed. Once formal charges are filed, the same anticipatory bail is overtaken by events and the accused person will apply for new bail or bond terms once formally charged before this court," Justice Rayola ruled.

Clash at the market

The shooting incident happened when supporters of Thika town MP Alice Ng'ang'a and those of Kamenu MCA Peter Mburu clashed over ownership of a soon-to-be-constructed market.

The MCA had visited the contested market area accompanied by locals a day earlier and started subdividing it into stalls ahead of the scheduled construction saying Kiambu Governor Kimani Wamatangi had set aside Sh50 million for the market.

The exercise went on till the following day when the area MP showed up with a bulldozer accompanied by National Assembly Majority Leader Kimani Ichung'wah (Kikuyu), Kagombe (Gatundu South), Njoroge (Gatundu North), Ngoliba Ward MCA Joachim Njama and Mwiki MCA to "launch" the market.

What followed was a fierce confrontation between the MPs' supporters and locals.

The actual confrontation started when the MP and her supporters began erecting a signpost indicating that the market area where the MCA's supporters were already doing preliminary structures.

"The MCA's group began pelting stones at the MP and her entourage. The MP's group retreated when the police began tackling the group with teargas. During the melee, Gatundu South MP shot indiscriminately towards the MCA's group," a police report on the incident notes in part.

MCA Peter Mburu Mungai was also arrested on Friday last week and charged at the Milimani Law Courts in Nairobi with conspiracy to commit a crime through the publication of false information regarding the land for the construction of a modern market before the killing of the rider.

The Director of Public Prosecutions plans to charge the lawmaker with killing Nduati.

"On May 17, 2024, at around 4.30 pm at Kimuchu in Makongeni Location in Thika West Sub-County in Kiambu County, he murdered David Nduati Wataha," the charge sheet signed by Gikuhi Gichuhi, Assistant Director of Public Prosecutions on behalf of the Director of Public Prosecutions reads in part.