Brian Wanyama
- Prosecutor Mercy Njoroge said they were yet to put in their affidavits in opposition to the bond application.
- Njoroge also argued that a prebail report for the two accused persons was not ready.
Gatuso who is facing murder charges for the killing of three-year-old Pamela Atieno alias Scovian Maya has been behind bars since his arrest in May.
He has denied killing the minor on the night of April 21, into the morning of April 22, at Kwetu Apartments in Sinai, Lucky Summer estate in Nairobi.
Gatusso was two weeks ago charged with the murder alongside his co-accused Sylvia Aoko.
They both pleaded not guilty before Justice Esther Maina at the Milimani law court.
On Wednesday, the matter came up before trial judge Alexander Muteti for hearing of the bond application but the state said it was not ready.
Prosecutor Mercy Njoroge said they were yet to put in their affidavits in opposition to the bond application. Njoroge also argued that a prebail report for the two accused persons was not ready.
But Justice Muteti said the prebail report for the due had already been filed in court. He asked both the prosecutor and the defence lawyers to get copies of the report and file their submissions.
The judge directed that the bond application be heard on December 2, 2024, when the hearing will also start.
“Parties should put in their submissions so that they will only make brief submissions on the bond application before hearing commences,” Justice Muteti said.
The hearing will also proceed on December 3.
The ruling means Gatuso will remain in remand until then. His lawyer Geoffrey Omenke told the court he was ready to canvas the bond application but that was not possible given the prebail report had just been availed.
Lawyer Kamau Waweru who is representing Sylvia also wanted to make oral applications for bond but the judge’s ruling means that will wait until December.
On September 12 before Justice Esther Maina where the duo was charged, the defence lawyers had asked that their clients be granted bond.
That application was however opposed by state prosecutor Sarah Ogweno.
“We will be putting in an affidavit on the same. We also request that a pre-bail report be tabled in court before the matter on bond is canvassed,” the prosecutor said.
Justice Maina directed the parties to file and serve their affidavits within seven days, after which the matter be mentioned before Justice Alexander Muteti for bond hearing.
Judge Muteti has now pushed the bond hearing to December 2 meaning the accused persons will remain in remand until the matter is heard and determined.
Gatuso is being held at the Industrial Area Remand Prison while his co-accused Sylvia is at Lang’ata Women’s Prison.
