BY SAM ALFAN.
A Narok businessman who is facing charges of murdering his wife will now remain in custody after the High Court declined to release him on bond.
Zacharia Ng’etich Silatei will remain in custody after Justice Francis Gikonyo rejected pleas to be freed on bond, pending determination of his trial.
Silatei cited health concerns as one of the reasons to be freed on bail.
“I find there is a compelling reason not to release the accused person on bail. He will remain in custody during the hearing of the cape. In light thereof, I direct the hearing of the case to be fast tracked,” ruled Judge Gikonyo.
The Judge dismissed the health concerns saying there was nothing to show he cannot receive treatment in the remand or government facilities.
“In any case, a request for treatment in national hospitals is an option available to the accused,” ruled the Judge.
The judge also dismissed pleas by Silatei that he won’t interfere with the witnesses and that he will keep off Sogoo area in Narok county.
“The court takes the view that interference can occur at any stage of the matter and may be remotely or overtly done especially in this age of technology.In light thereof, the court must ensure that the integrity of the trial is not prejudiced by acts of interference with witnesses,” added Judge Gikonyo.
Silatei is accused of murdering his wife on November 1, 2022 at Kimogoro Village in Sogoo Sub-location within Narok County.
Senior Principal Assistant Prosecutor Duncan Ondimu opposed the release of Silatei on bond adding that the accused was charged with a serious offence of murder that attract maximum sentence of death if convicted. He said this possibility increases temptation of him to abscond trial.
Ondimu further told the court that some of the key witnesses in the case are close relatives and hence vulnerable witnesses due to the manner under which the offence was committed.
“Some of the witnesses worked in the home of the deceased have since left due to threats from the accused’s relatives and switched off their phones. The presence of the accused person in the village is likely to intimidate the witnesses,” Prosecutor Ondimu told the Judge.
Judge Gikonyo heard that the accused fled the scene after commission of the crime and that the crime scene was torched and his house burned down. Accused was sacked due to breach of law and he also exited USA without due process.
The court further heard that the accused person attempted to take his own life by ingesting what is suspected to be pesticides at different location (Chemukta) from the crime scene where he was rescued by “good Samaritans” Who found him in an unconscious state.
The accused was rushed to AIC Litein mission hospital in Kericho county where he was admitted on November 1.
Prosecution further told the court that the accused resided in Melelo area while the family of the deceased resides in Sogoo location at the border of the two locations, that due to the death of the deceased there is still tension and anger in the entire area directed towards the accused and hence his own safety will be jeopardized if released on bail.
He told the court it will be in the interest of the accused if detained pending hearing and determination of his case due to his own safety and health and further to avoid him from making any possible suicide attempts.
The court heard there is a bad blood that the minors were denied a chance to attend their mother’s funeral.
The victims who are represented by lawyer Harrison Kinyanjui also opposed bail.
Lawyer Kinyanjui cited section 10 of the victim’s Protection Act on the safety of the victims and he argued that three daughters have expressed their fear.
The accused told the court there is no hostility or anger towards the accused person regarding the incident. He intends to keep off Sogoo location entirely throughout the trial duration if the court directs so.
He added that his two minor children are under his wife’s care at his Sotik home where they rightly belong and not relatives and that the deceased’s brother forcefully buried his deceased wife at her parents’ home rather than his farm against his wish and without notice to his family and relatives so as to bring it as evidence of bad blood in this case.
