MENTION SEPTEMBER 25

State wants ex-football star incarcerated as Gatusso is charged with murder

DPP has opposed Collins Okoth's application to be released on bond

In Summary
  • Gatusso is a renowned ex-Gor Mahia and Harambee Stars midfield maestro
  • He was arrested on May 10 and has been in police custody since then
Collins Okoth during his playing days at Gor Mahia FC on January 8, 2014 at City Stadium
Collins Okoth during his playing days at Gor Mahia FC on January 8, 2014 at City Stadium
Image: FILE

Former football star Collins Okoth alias Gatusso may remain incarcerated until his murder case is determined, after the state opposed his release on bail.

Gatusso was on Thursday charged alongside his co-accused Sylvia Aoko, with the murder of three-year-old Pamela Atieno alias Scovian Maya.

The offence was committed on the night of April 21, into the morning of April 22, at Kwetu Apartments in Sinai, Lucky Summer estate in Nairobi. 

They pleaded not guilty before Justice Esther Maina at the Milimani law court.

Gatusso's lawyer Geoffrey Omenke told the court he had made an application for the former star to be released on bond.

The application had been served to the state.

But state prosecutor Ms Gichuhi said they were opposed to releasing the accused persons on bond.

"We will be putting in an affidavit on the same. We also request that a pre-bail report be tabled in court before the matter on bond is canvassed," the prosecutor said.

Lawyer Kamau Waweru, representing Aoko, told the court he would be making his application for bond after the pre-bail report is tabled.

Justice Maina directed the parties to file and serve their affidavits within seven days, after which the matter will be mentioned before Justice Alexander Muteti on September 25, for bond hearing.

Gatusso is a renowned ex-Gor Mahia and Harambee Stars midfield maestro. He has since retired.

He was arrested on May 10 and has been in police custody since then.

The former star appeared before the court virtually from the Nairobi Remand in Industrial Area while his co-accused is being held at the Langata Women Prison.

Last week, Gatusso picked a fight with detectives who arrested him in the murder probe over his mobile phones and cash that were allegedly seized from his wallet.

He claimed police took away his mobile phones; a Samsung Galaxy 103 and an iPhone.

His wallet, which was also seized, had two ATM cards, $650, ID and NHIF card.

Omenke told Justice Muteti that the detectives failed to return the items despite completion of their investigations.

The items ought to be given back to the accused, the lawyer argued, because none of them has been listed as an exhibit.

But investigating officer Gilbert Rotich told the court that the wallet only had two ID cards, an NHIF card and the ATM cards.

"The wallet was returned to him and only the ID cards were retained as exhibits," Rotich said.

Gatusso denied receiving the items from the investigators.

Omenke accused the DCI officer of lying because he had claimed the items were recorded in the inventory, yet neither the suspect nor the caretaker of the apartment from which Gatusso was arrested had signed the record book.

"The officer is claiming about a signed inventory and the same is unknown to us. Both the caretaker and the suspect who are crucial people of interest did not sign it," Omenke said.

Rotich said he had been accompanied by fellow detectives Christopher Samoei and Abdullahi Hassan on the arrest and that they all signed the inventory.

The prosecution said the Samsung phone could be released as it was not listed as an exhibit.

In his ruling, Justice Muteti directed the phone be given back to Gatusso or his lawyers. 

As for the disputed items, including the iPhone and the $650, the court directed Gatusso to make a formal complaint with the Independent Policing Oversight Authority.

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