Journalist Dola has a case to answer on wife’s murder
The High Court on Wedneday ruled that a husband to NTV journalist Sarah Wambui Kabiru has a case to answer over the murder of his wife, five years ago.
Lady Justice Roseline Korir said that Mr Moses Dola will have to defend himself in court over the murder charge because prosecution had established a strong case with sufficient evidence against him.
“I find that prosecution has established a premafacie case against the accused, he now has a case to answer and the defence will proceed at this stage,” Lady Justice Korir said.
Mr Dola is accused of killing his wife on May 1, 2011. Her body was found carefully tucked in bed in a locked bedroom of the couple’s house in Nairobi’s Umoja Estate.
Sixteen witnesses have testified on the killing of Ms Wambui.
On the fateful day, the accused allegedly left her dead wife in their house and went on a drinking spree while pretending that all was well.
It is the deceased’s brother and neighbours who later on found her dead body in the locked bedroom of their house while Mr Dola allegedly went into hiding for a few days before surrendering himself to the police in Naivasha.
The murder trial started in 2011 but had to kick off afresh on February 10, 2014 after the mother of the deceased screamed when the court was told the hearing would be postponed because the presiding judge was not present.
Justice Nicholas Ombija, who was hearing the case, had at the time appealed against a decision by the Judges and Magistrates Vetting Board, which found him unfit to serve as a High Court judge for the first time.
Three witnesses had already testified before him.
Teary filled Ms Agnes Njoki Kabiru, the mother of Ms Wambui took to the stand to tell of the relationship her family had with the man accused of brutally killing her daughter while describing him as a good man.
Justice Korir also issued a warrant of arrest for a woman who worked as their househelp – Ms Eunice Mwangi, to appear in court to testify after prosecution claimed severally that it was difficult to trace her.
The judge had insisted that her testimony was most crucial. Ms Mwangi testified that her employer’s husband was disturbed over marital problems and that the couple had had an argument prior to the morning she was found dead.
According to prosecution through state lawyer Catherine Mwaniki, evidence presented before the trial court was consistent with the facts of the incident which indicate that Mr Dola lied about the whereabouts of the deceased yet it was clear that he had locked her inside their bedroom.
Medical reports presented in court have shown that Ms Kabiru was hit by a blunt object and that Mr Dola had ample time to discard evidence linking him to the crime.
While Prosecution believes that Mr Dola’s disappearance proved he is guilty, he has always insisted through his lawyer Cliff Ombeta that it was merely a human reaction.
On the day Mr Dola was charged, he denied committing the offense and was released on a Sh 500,000 cash bail.
Mr Dola will now defend himself through witness statements in June 29.