The hearing of a murder charge where a tycoon Chris Obure is charged with the murder of Kelvin Omwenga in 2020, proceeded today.
The first prosecution witness, Kelvin Kamenya took the stand for cross-examination by the defence counsel.
However, the witness had to be stood down after the defence informed the court that the Office of the Directorate of Public Prosecutions did not supply them with the full CCTV footage from Galana Suits Apartment where the deceased is reported to have been shot dead.
According to the defence, the ODPP gave them video clips that only were supporting their case.
“My lord, the prosecution gave us video clips those are only building their case, the conclusive video about what exactly happened in Galana suits can be found all over YouTube and the local media,” said Lawyer Rungu Representing Robert Ouko.
Rungu, for the defence, claimed that the witness’s statement in chief contradicts the clips circulated on social media touching the crime on a material day.
The defence appealed to the Judge to allow the display of video clips downloaded from YouTube stating that what the prosecution supplied to them was not conclusive.
The prosecution objected to the production of evidence from YouTube under section 106 of Evidence Act, stating that the defence counsel did not serve them with the evidence that he wished to rely on,
Further, the prosecution pleaded with the court to order the counsel of the accused person to proceed with the cross-examination.
The Court through Justice Justus Bwo’Onwong’a ruled that, what the defence raised in cross-examination had to be addressed to the latter for the interest of Justice.
The hearing was then adjourned to January 23, 2023, to allow the defence to get access to CCTV footage of Galana Suits Apartment before August 21 and after August 21, 2020, when Kelvin Omwenga was reported to have been murdered.
