By Alphonce Mung’ahu

Defence lawyers in a case where Nakuru based lawyer Hari Gakinya and Lucy Waithera are charged with the murder of Belgian woman Dysseleer Mireille Lesoipa have filed application in High Court seeking for the two to be released on bail.

In the application under certificate of urgency, the defence lawyers Cliff Ombeta and Kirathe Wandungi say their clients require to be granted bail or bond as their continued detention is unconstitutional.

“The applicants have a qualified constitutional right to be released on bond or bail on reasonable conditions,” said lawyer Ombeta.

He said they have unqualified constitutional right to be presumed innocent until the contrary is proved adding that they will abide by any conditions that shall be set by the court.

The two accused persons have denied murdering Ms Lesoipa between December 11, 2018 and July 5, 2019 at an unknown place within Kenya.

Ms Lesoipa, who was married to a Samburu dancer before they separated in 2003, went missing from her home in Milimani, Nakuru County, around June 2019.

Justice Wakiaga directed the parties to return to court on May 8 for hearing of bail application.