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Gatundu South MP Gabriel Kagombe was yesterday arraigned before Machakos High Court with murder of a boda boda rider David Nduati Wataha.

The suspect did not plead to the charges and the court ordered that he be remanded at Muthaiga Police Station until June 7 when he will be formally charged.

Justice Francis Rayola also directed Kagombe be escorted to Kiambu Level Four hospital for the psychiatrist test.

The prosecution led by Gikui Gichuhi, an Assistant Director of Public Prosecutions, informed the court of its intention to charge Kagombe with murder, contrary to section 203 as read with section 204 of the Penal Code.

“The court is hereby informed by the DPP on behalf of the Republic of Kenya that the above named accused person is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code,” the notification read.

The charge read: “On the 17th day of May, 2024 at around 4.30pm at Kimuchu area in Makongeni Location in Thika West Sub-county within Kiambu County murdered David Nduati Wataha.”

Detectives from the Directorate of Criminal Investigations (DCI) also told the court that ballistic analysis of the legislator’s firearm had revealed that it was the one that fired the fatal bullet.

The decision to charge him with murder was also arrived at after the probe showed that he used excessive force and was not acting in self-defence.

Kagombe’s firearm

A ballistic analysis of all the firearms surrendered by all the firearm holders present during the melee has also shown that the fatal bullet that killed a boda boda rider was shot from MP Kagombe’s firearm.

Kagombe was arrested from his hideout in Kileleshwa, Nairobi county on Friday after the detectives from the DCI concluded their investigations and the ODPP recommended that he be charged.

He had attended a ceremony to launch the construction of a market in Thika when chaos erupted between supporters of Thika MP Alice Wahome and Kamenu Member of County Assembly (MCA) Peter Mburu. The meeting was also attended by Majority Leader in the National Assembly Kimani Ichung’wah and Gatundu North MP Elijah Njoroge Kururia.

During the fracas, David Nduati, 26, was shot dead and another person, Anthony Kamau, was seriously injured by a bullet that lodged in his chest.

Spent cartridges

Area Assistant County Commissioner Philomena Nzioki was also injured in the melee.

After the incident, Kagombe rushed to hospital where he was admitted after he claimed that he had been injured.

The DCI detectives immediately launched investigations and ordered all firearm holders who were present during the fracas to surrender them for analysis at the DCI headquarters.

They also recovered spent cartridges collected at the scene and also the bullet head in the deceased man’s body and the one lodged in the body of the victim who was admitted in hospital.

The ugly incident at the site of a proposed market in Kamenu ward happened after the MPs who had been at a different event in the area decided to accompany their colleague Nganga to the proposed market site.

At the site, they found the MCA with a group of residents who had already subdivided the parcel of land in anticipation of ownership of market spaces. As a result, violence erupted and bullets were fired.