This archive report was first published on 15 July 2021.
On July 15, 2021, the state filed an affidavit with the High Court, seeking to have Embakasi DCIO Samuel Mwongela charged with the murder of a guard at a lodging in Kayole Sub County.
The prosecution claims that Mwongela, who has denied the charges, shot and killed the guard, Lapaja Topiwo Laizer, at Red Square Hotel along Kangundo road on the morning of May 13, 2021.
According to the affidavit, Mwongela had engaged in an altercation with the guard after he declined to open the gate for him.
The Independent Police Oversight Authority (IPOA) investigating officer, Jane Ndusya, has expressed concerns that if Mwongela is released on bail, he may threaten, intimidate, coerce, or interfere with any of the state witnesses.
‘There is a high likelihood that if Mwongela is released on bond or bail the accused will threaten, coerce and interfere or in any other way try to influence the civilian witnesses,’ Ndusya stated in the court papers.
The state argues that Mwongela is a high-risk suspect who could abscond if released on bail, given the severity of the punishment he faces if found guilty – the death penalty.
Additionally, the state claims that most of their civilian witnesses in the case are well known to Mwongela and that he may try to influence them if released on bail.