Three suspects linked to the murder of Kasipul MP Charles Ong’ondo Were have been formally charged before the High Court in Kibera.

The accused, namely William Imoli Imo Shigali, Edwin Oduor Odhiambo, and Ebel Ochieng alias Dave Calo, appeared before Justice Diana Kavedza on Tuesday and pleaded not guilty to charges of murder.

According to the prosecution, Calo is a director at the Lake Basin Development Authority in Kisumu. 

Shigali is the owner of the motor vehicle used to trail the MP’s car from Parliament Buildings, while Odhiambo was allegedly found in possession of the firearm used in the killing of the MP.

The three denied the charge of murder contrary to Section 203 as read with Section 204 of the Penal Code, Chapter 63, Laws of Kenya, stemming from the events of April 30, 2025, at approximately 1940 hours, at the City Mortuary Roundabout along Ngong Road in Kilimani Sub-County, Nairobi County. 

Following their plea, the Office of the Director of Public Prosecutions (ODPP), led by State Counsel Gikui Gichuhi, vehemently opposed their release on bail, citing the serious nature of the offence.

Gichuhi emphasised that if convicted, the accused persons face the death penalty.

In support of the prosecution’s position opposing bail, an affidavit was filed by Inspector of Police Oliver Nabonwe, an investigator attached to the Homicide Investigations Bureau at the Directorate of Criminal Investigations (DCI) Headquarters.

In the affidavit filed in court, Nabonwe stated the murder charge facing the accused person is severe enough to create a strong incentive for the accused to flee, making them a flight risk.

“The already available evidence is overwhelming against the accused persons, thus justifying their continued pre-trial detention,” Officer Nabonwe told the judge

The detailed affidavit also outlines several grounds and pieces of evidence supporting the prosecution’s case, including how the planning and execution of the murder of the MP were done.

The court heard that the trio, alongside two others, murdered Were, the then Member of Parliament for Kasipul Constituency, after his motor vehicle registration number KDM 783A was on the fateful day trailed by a motor vehicle registration number KAZ 645Z and a gateway motorcycle registration No.KMFZ 413W from the parliament to the city Mortuary. 

“A search at the scene of the crime and documentation of the MP’s motor vehicle led to a recovery of three spent cartridges and a bullet and a metallic jacketing respectively. Further, two bullets were found lodged in the deceased’s body during the autopsy conducted on May 5, 2025,” Officer Nabonwe says in his affidavit. 

He added that during the autopsy, it was established that the MP sustained five gunshot wounds, all entering from the left side of his body.

The officer in his affidavit also states that the firearm used in the killing of MP Were was recovered from Odhiambo, directly linking him to the crime. 

“The firearm that fired the fatal bullets was recovered from the second accused person (Odhiambo), therefore directly linking him with the Murder of the deceased person,” the officer revealed.

The first accused, Shigali, was identified as the driver of the motor vehicle that trailed the MP’s car from Parliament on the material day. 

The judge heard that the Geolocation analysis also placed the accused persons’ mobile phones at Parliament, showing communication among themselves.

“Shigali’s phone was geolocated at parliament from a substantial part of the fateful day, together with  Isaac Kuria, also known as Kush(the hitman), and was in constant communication with Calo,” the DCI detective stated.

The officer also says that the investigation revealed that Shigali, Calo, and Allan Omondi Ogola, a police officer who was the MP’s bodyguard, who is also currently charged before Milimani HCCR number E003 of 2025, were in constant communication four hours before the MP was murdered.

In a bid to conceal their connection in the planning and execution of the MP, Calo is said to have procured a fraudulently registered SIM card, which was used to coordinate the murder before being disposed of shortly after the act. 

The affidavit further notes that the accused persons maintained constant communication with the deceased’s bodyguard, who had also procured a fraudulent SIM Card.

A mobile phone used in planning the murder, belonging to Shigal, was recovered from the Toyota Harrier (registration number KBL 445R) linked to him.

Police also informed the court that Shigali and Mp’s bodyguard, Omondi, coordinated the hiring of a boda boda rider to facilitate the hitman’s movement to and from the scene of the crime.

Additionally, Calo switched off his known mobile devices immediately after the killing, purchased a new phone, and fled to Nakuru, where he was eventually arrested while hiding in a guest house. 

The Odhiambo was allegedly found in possession of two firearms, one used in the murder and is also implicated in multiple other criminal cases reported in Nairobi and Kiambu Counties, specifically Kayole OB No. 03/26/04/2025, Kiambu OB No. 79/17/02/2025, and DCI Kayole CR No. 135/19/2025, suggesting involvement in a broader organized criminal network.

The investigator also raised concerns about possible interference with prosecution witnesses, given the close ties between the accused and individuals expected to testify. 

The court heard that some witnesses have reportedly expressed fear for their safety and are currently under the protection of the Witness Protection Agency.

Further, it was noted that on June 4, 2025, Calo issued a threat to one of the prosecution counsel during open court proceedings, a matter that was formally recorded by the presiding judge. 

In light of these facts, Nabonwe concluded that it is in the interest of public safety, the protection of witnesses, and the integrity of the trial that the accused remain in custody pending the conclusion of the proceedings.

Represented by lawyers Stanley Kang’ahi and John Swaka, the defense team urged the court to release the trio on lenient bond terms, citing prolonged detention during the investigation period.

While making his submissions, advocate John Swaka criticised the Directorate of Criminal Investigations (DCI) for what he termed a flawed investigation.

“The investigations were shoddy and cannot stand the test of trial,” he said. “Some of the items said to have been recovered have no accompanying inventory or signatures from the accused persons, which is a serious procedural gap.”

Swaka also dismissed claims by the DCI that the accused were flight risks, adding: “There is no credible evidence to show that any of our clients have attempted to flee or evade arrest. These are mere assumptions.”

He further informed the court that the first accused Shigali, had recently lost his mother. 

“According to Luo customs, the presence of the eldest son is required at the burial, which is scheduled for later this week,” he told the court.

The judge, however, ordered the three accused persons to remain in custody until July 17 pending a probation report and fixing a ruling date on their bail application.