“Yesu Wa Tongaren” remanded for four more days pending investigations
Bungoma, Saturday May 13, 2023 KNA,
By Bronley Kidari/ Roseland Lumwamu
A Bungoma court has detained Eliud Wekesa also known as “Yesu Wa Tongaren” for four more days for investigations to be completed.
Wekesa appeared before Bungoma Principal magistrate Paul Olando.
Wekesa was first arraigned in court on May 11 when the prosecution sought that he be held for a week to allow police to complete investigations.
The prosecution also sought the court to grant permission so that the suspect can be taken to a medical facility for mental assessment. They further successfully sought permission to search the suspect's church premises.
Mr. Olando said that the respondent has not been charged with any offence neither is there any holding charge against him.
“In this case the respondent has not been charged with any offence neither is there any holding charges, but the prosecution explained why he is being detained and why he was arrested,” Olando stated.
Olando said that Wekesa could likely be charged with a specific offence that he has been notified of.
“Related to the Shakahola case an individual’s liberty is not in any way above the general public right to life and the life of the suspect himself,” Olando added.
The prosecution had reason to believe that the life of the suspect was in danger and at risk of being crucified by his own people.
Olando compared Wekesa`s case to that of Jesus of Nazareth where Pilate washed his hands and released him to the people to be crucified.
“Unlike in the case of Jesus of Nazareth where Pilate washed his hands and released him to his people to be crucified, this court is not willing to wash its hands and let Wekesa alias Jesus of Tongaren free to go and be crucified by his own people,” Olando stated.
He further stated that the life of the suspect was precious and that if there are any dangers related to the liberty of the accused then the law denies the accused the right to liberty.
“What benefit will it be to a man for him to get his liberty only for him to lose his life?” Olando posed.
Olando then granted the prosecution its application for the suspect to be detained for four more days.
He said it was in the best interest of the suspect whose life is feared to be in danger and also that of the general public who believed that there were criminal activities at the church premises.
“Just like Pilate`s wife who convinced him to wash his hands and have nothing to do with Jesus of Nazareth, I am lucky that my wife is not here to convince me and I therefore grant the prosecution its application,” Olando quipped and directed that the suspect be detained at the Bungoma police station.
He asked the prosecution to complete their investigations within the given time and asked the police to take the suspect to the Bungoma District Hospital for mental assessment.
Wekesa`s advocate told the court that the accused had the right to be set free since the court had no holding charges against him.
Courtesy; K.N.A
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