Chris Obure, a suspect in the killing of businessman Kevin Omwenga now wants the court to throw out his murder charge as he seeks to turn into state witness.
Director of Public Prosecution charged him with murder which he argues was malicious, scandalous unlawful, unconstitutional and an abuse of the court process.
In his application, Obure told the court that he would better serve as a state witness instead of an accused person.
"It is therefore unreasonable in the circumstances to charge the applicant for the offence of murder while the facts demonstrate that he would better serve the interest of justice as a witness to the facts leading to the untimely and sudden death of the deceased,” the application read in part.
The suspect further argued stated he has been very cooperative as he allowed detectives to gain access into his Santeu Plaza office where they obtained a CCTV footage showing his bodyguard, Robert Bodo Ouko, taking his gun from a safe.
"The footage shows Bodo breaking into my office and retrieving my firearm from its safe. Moreover, the footage shows him breaking in again and returning the gun that was allegedly used in the fatal shooting of Omwenga" the application continued to read.
Obure has continued to distance himself from the murder case, arguing that Bodo used his firearm to kill Omwenga without his knowledge.