Paul Wainaina, Christopher Lumbazio, Andrew Karanja, Samuel Ngugi, Esther Mulinge and Ruth Irungu made the fresh application for bail on Monday through their lawyer Cliff Ombeta.
“The prosecution has not raised any complaint regarding accused persons interfering with the witnesses,” he argued adding that Wainaina required medical attention.
The prosecution however maintained that the suspects, particularly Irungu, risked interfering with their witnesses and should therefore remain in police custody.
“We have strong evidence confirming that the applicant is well known to the potential witnesses who will be supporting the evidence of recognition. If the applicants are released on bail and threaten or intimidate the potential witnesses the damage will be so severe that it will be too late to salvage the situation,” they countered.
The High Court will be ruling for the second time on the suspects’ application for bail after a previous application following their arraignment was denied on March 20.
This was after, the Court found, the defence was unable to convince the court that the prosecution’s concerns were unfounded.
The six accused persons were charged on January 14 following the suspected poisoning of Thuo at the Porkies Gardens Restaurant in Thika town in November of 2013.
READ 53 witnesses lined up as six charged over Thuo death
And the accused persons who include the proprietor of the establishment, the hostess who served him, the club DJ, a gentleman he was drinking with and a lady who bought him a drink are in the dock for murder.
Police believe one of the beers he consumed at Porkies was laced with a pesticide but Ombeta contends that his death could have been caused by an adverse reaction between his high blood pressure medication and alcohol.
“Why would they want to get rid of a loyal patron? What would be the wisdom in that?” he posed.
He therefore accused police and the prosecution of victimising his clients at the behest of the powers that be.
