A Nairobi court has granted the Directorate of Public Prosecutions (DPP) 14 days to conduct a mental assessment on two individuals linked to the murder of the former Kasipul Member of Parliament, Charles Ong’ondo Were. The suspects, Allan Ogola who served as the MP’s bodyguard and Isaac Kuria, appeared before the Milimani High Court virtually from the Directorate of Criminal Investigations (DCI) Headquarters.
Presiding over the case, Lady Justice Margaret Muigai allowed the DPP’s request to carry out the mental evaluation before the suspects are formally charged. The assessment is scheduled to be conducted at Mbagathi Hospital. The DPP, represented in court by Allen Mulama, argued that the mental state of the two suspects needed to be ascertained to determine whether they are fit to stand trial.
In addition to the request for mental assessment, the DPP sought to have the court instruct the Deputy Registrar to assign pro bono lawyers to represent the accused during their legal proceedings. The DPP emphasized the importance of ensuring that the suspects have proper legal representation as the case proceeds, particularly because of the serious nature of the allegations they face.
The prosecution further requested that Ogola and Kuria be remanded at Kamiti Maximum Prison for the two-week period while investigations and assessments continue. The DPP explained that separating the suspects from others connected to the case, some of whom are scheduled to appear before Justice Diana Kavedza at the Kibera High Court, was essential to maintaining the integrity of the investigation. The prosecution highlighted concerns about potential interference and stressed the need for thorough and independent inquiry, including possible plea bargains with other persons of interest.
Lady Justice Muigai agreed with the DPP’s submissions and directed that the mental assessments proceed as requested. She also ordered the Deputy Registrar in the criminal division to ensure that the suspects are provided with legal counsel through the pro bono committee. This directive ensures that the suspects’ rights are upheld and that they are not disadvantaged during the legal process due to lack of representation.
The judge additionally granted the request to have the suspects remanded at Kamiti Maximum Prison for the duration of the 14-day period. She acknowledged the DPP’s rationale for seeking separate detention locations to facilitate continued investigations and avoid any possible tampering or collusion among the suspects.
The matter is scheduled for mention on June 18, 2025, when the court will receive updates on the progress of the mental assessments and determine the next steps. The decision marks a critical phase in the high-profile murder case that has attracted significant public and political attention. The court’s orders are seen as laying the groundwork for a comprehensive judicial process aimed at uncovering the full circumstances surrounding the death of the former MP.