Suspects seek removal of family's lawyer in slain Molo activist case

Five suspects in the murder of Molo human rights activist Richard Otieno want the family lawyer out of the case.

They claimed that the lawyer Rosalinda Wamaitha was in contact with one of them before their arrests and has been visiting them at the Nakuru GK Prison.

Geoffrey Ndungu, Peter Okechi, Joseph Kihara, Stephene Masheti, and Evans Aseka made an application in court seeking to have Wamaitha stop representing the family, alleging conflict of interest.

The five have denied killing Otieno on January 10, 2025 at Elburgon town in Nakuru County. 

In their application, the suspects claimed that conflict of interest might cloud the advocate's judgment.

“The astonishing facts were that the advocate watching brief for the family was a lover to the deceased and a close friend to a prominent politician, hence the conflict of interest that has clouded her judgment in the matter herein and acting as a complainant,” read part of the application.

The widow, Margaret Njoroge, in her responses, refuted the affair allegation, stating that Wamaitha was her husband's advocate.

“The argument advanced that our counsel had an affair with my husband is malicious and made in bad faith as the same is untrue,” read Njoroge’s replying affidavit.

David Mongeri, a lawyer representing one of the suspects, stated that Wamaitha should be restrained from visiting Nakuru GK Prisons, where the accused persons are remanded.

Justice Patricia Gichohi heard that Okechi received a phone call on February 23, 2025, from Wamaitha and met at Njoro.

“The duo had a lengthy discussion about the case, with Wamaitha promising to buy lunch, taking Okechi's instruction; he wanted to know how he participated in the crime,” Mongeri said.

Wamaitha allegedly called police officers to arrest Okechi on February 25.

During his arrest, the court document stated that the lawyer was present as he recorded a statement and promised to be his counsel.

However, when he was brought to court, Wamaitha declined to assist him, claiming to be the victim’s lawyer.

He accused her of manipulating him into giving her much information that would be detrimental to the case.

“She called the prison welfare number on March 11 and told us that there were some issues she wanted to discuss with us the following day. We informed her to go through our advocates; however, she stated that the information doesn’t need to be shared with them,” they claimed.

They alleged that Wamaitha visited the suspects in remand, requesting them to plead guilty to killing Otieno.

It was also alleged that a prominent politician from Molo will facilitate their release, and they will be paid Sh100,000 each.

The suspects accused the victim's counsel of sending proxies to remand to meet them.

Wamaitha opposed the applications, claiming it was unmerited, bad in law, and amounted to abuse of the court process.

 “There is no indication that I will be called as a witness in this murder trial. Further, I have neither recorded any witness statement with the police nor has the prosecution given any indication that they intend to summon me during the trial,” She said.

She argued that no evidence had been presented in court to substantiate the allegations that she called the police on Okechi and had visited the accused persons in remand.

Wamaitha stated that no evidence indicated that she had bribed the accused persons and that they should have reported the incident to Ethics and Anti-Corruption due to the seriousness of the offence.

 “The applicant levels of serious allegation which is maligning, tainting and insensitive to the deceased family, they alleged that I had an affair, deceased wife had not alleged so,” read Wamaitha's response.  

The case will be ruled on May 15.