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Judge recalled to issue ruling in foreigner’s murder

by kenya-tribune

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A judge has been recalled to the Mombasa High Court to finalise the hearing of a case in a Dutch nationality was killed and his body dumped in a septic tank.

Justice Asenath Ongeri was recalled following an application by the Director of Public Prosecutions (DPP) to have her finalise the case since she had taken evidence from all the 33 witnesses.

The DPP through State Counsel Ngina Mutua opposed an arrangement that would have seen the matter handled by another judge after Justice Ongeri was transferred.

By the time she was transferred, the judge was supposed to rule whether the suspects had a case to answer in relation to the cruel murder of Jacobus Van Der Goes.

The prosecutor argued that the determination of the case was likely to take long should the matter be assigned another judge.

“It is our humble submission that the judge be allowed to travel to Mombasa and finalise the case, the matter is likely to drag in court should it be assigned a different judge,” Ms Mutua said.

The judge is also expected to clear five other pending cases that she had handled and cleared with key witnesses.

In the case, three suspects including a gardener are charged with the murder of Mr Goes, whose body was found in a septic tank six months after he went missing.

Mr John Ochieng, Mr Joseph Ogolla and Mr Stephen Okoth were accused of killing the 77-year-old-man at his Nyali residence between January 4 and 6, 2016, an offence they denied committing.

Mombasa resident judge Eric Ogola directed that the matter be placed before Justice Ongeri for further direction.

The case will be mentioned on October 1.

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