First accused in attempted murder of former Garissa finance executive officer Idris Muktar Mohammud Hussein Aden who has declined the request to be placed under witness prosecution.


A Nairobi Magistrate Court has dismissed Director of Public Prosecution application seeking to put an accused in attempted murder of former Garissa Chief finance executivfe Idris Muktar under witness prosecution.

The accused Mohammud Hussein Aden  said he was not interested in protective custody as offered by the prosecution in their Application to review bail or bond terms.

Chief Magistrate Francis Andayi Court directed that since the accused had made his decision then the Application by the Prosecution is dismissed.

Lawyer Dunstan Omar opposed prosecution application and the court agreed with defence.

“The accused must be protected like any citizen. He is an accused person not a witness”. Said Omar lawyer.

DPP through senior deputy director of public prosecution Catherine Mwaniki,filed a certificate of urgency urging the court to review bond terms by putting the accused on custody or under witness protection pending conclusion of the trial.

The prosecution claims the accused , Mohamud Hussein Aden’s life is in danger and will be safe if under protection or in custody pending the hearing and determination of their case.

“There are compelling reasons that the respondent requires protection if not placed in custody pending the conclusion of the trial,” claims the prosecution.

According to an affidavit by Homicide detectives, it is alleged they received information that Mohamud’s life is under threat of being eliminated.

According to the police, if action is not taken to forestall any intended act of killing the accused person, the trial will be terminated and justice both for the respondents and the victims will not have been served.

It is their belief that it is in the public interest for the court to cancel Aden’s bail to protect him and the process.

Two suspects alleged to have shot former Garissa County official were released of a cash bail of Sh 500,000 and bond of 1 million each.

This is after the Chief Magistrate upheld the earlier bond terms issued before overturned by high court after the victim sought review of the the magistrate decision to release them on bond.

Court ruled that neither Mohamud Hussein Aden nor Juliet Charity Njoki are flight risks or a threat to witnesses.

“In the circumstances above and the probation report, I find no reason to deny the accused persons bail,” Ruled Andayi CM.

Kanjama and the family rejected the first probation report and moved to the High Court on grounds that serious issues of consideration that should guide the court in determining the bail application were not considered.