Murder suspect turned prosecution witness considered for witness protection

The court heard that Gathoni, listed as the third respondent in an application filed on October 1, 2026, provided investigators with information considered crucial to the murder investigation, prompting the Directorate of Criminal Investigations (DCI) and the Office of the Director of Public Prosecutions (ODPP) to consider using him as a prosecution witness.

"The 3rd respondent gave crucial information to the investigating team hence the ODPP and investigating team intends to use them as prosecution witness," court documents state.

According to an affidavit sworn by Corporal Romana Odour of the DCI Homicide Investigations Bureau, the Witness Protection Agency (WPA) has already interviewed Gathoni over the information he provided to investigators.

The interview was conducted on September 24, 2026, with investigators telling the court that arrangements are underway to have him admitted into the witness protection programme.

The prosecution consequently sought orders allowing Gathoni to remain in custody at Kilimani Police Station, or another police station, for an additional 14 days while the process is completed.

The application was granted.

Investigators told the court that Gathoni faces a high risk because some suspects linked to the murder remain at large, necessitating measures to secure his safety.

The prosecution further cited pending forensic examinations and concerns over possible interference with witnesses, collusion and destruction of evidence as grounds for continued detention.

Investigators argued that the circumstances amounted to compelling reasons to keep Gathoni in custody while they complete the outstanding processes in the case.

Meanwhile, five people have since been formally charged with murder in connection with Dr Mutiso's death.