Tricked By Lawyer: Bribery Claims Rocks ‘Molo President’s’ Murder Case

Suspects accused of killing a popular Molo activist have made new allegations, including bribery, that could derail the high-profile murder trial.

Five suspects charged with the murder of Richard Otieno, popularly known as ‘Molo President’, have petitioned the court to remove Ms Roselinda Wamaitha, the lawyer representing Otieno’s family, on grounds of conflict of interest.

In an application filed on April 1, the suspects claim that Ms Wamaitha coerced them into pleading guilty by promising them Sh100,000 each.

They also allege that she had previously posed as their legal representative and obtained information under false pretences that could be unfairly used against them during the trial.

The five suspects – Peter Okech, Joseph Kihara, Evans Aseka, Geoffrey Ndung’u and Stephen Masheti – have denied killing Otieno at his home in Elburgon, Molo Sub-county on January 18.

According to defence lawyer David Mong’eri, Ms Wamaitha misled the suspects by presenting herself as their lawyer. He argued that information obtained from them during that period could now be used against them.

“Owing to the conduct of the advocate, counsels on record need to interrogate the accused person as to who she really is and why the interest in the matter,” stated Mr Mongeri.

One of the suspects, Geoffrey Ndung’u, swore an affidavit on behalf of the others claiming that Ms Wamaitha met his co-accused, Peter Okech, on February 25, days before his arrest.

During the meeting, she allegedly promised him legal aid and lunch if he agreed to plead guilty.

But before the lunch could be served, the police arrived and arrested Okech, allegedly tipped off by Ms Wamaitha.

Ndung’u also claims that the lawyer visited him while he was recording a statement at the Directorate of Criminal Investigations (DCI) offices and promised to take up the case.

But when they appeared in court, they were stunned to find that she was representing the victim’s family instead.

“I was shocked as she had manipulated me into giving her much information that will be detrimental to my case in the event she continues participating in the proceedings,” Ndung’u alleges.

The suspects say Ms Wamaitha continued to visit them in remand at Nakuru GK Prison, allegedly persuading them to plead guilty and claiming that a powerful politician would help secure their release.

“Part of what was discussed was for us to plead guilty to the charge,” stated Ndung’u in his application.

The defence team says it became aware of these alleged interactions and sought to challenge her involvement.

In her response, Ms Wamaitha denied all the allegations, saying they were aimed at tarnishing her name.

She denied any advocate-client relationship with the suspects, adding that she has never had private discussions with the suspects or called the police to arrest them. She termed the allegations as malicious.

Ms Wamaitha also denied claims that she offered a bribe. She added that the suspects had all pleaded not guilty to the charges, which contradicts the alleged plan.

She asked the court to dismiss the application, arguing that the suspects had failed to provide any evidence to support their claims.

The matter was discussed during the mention of the murder case on Tuesday.

Justice Samuel Mohochi said he would rule on the application seeking the lawyer’s removal on May 15.