The man accused of killing socialite Starlet Wahu has been charged with rape and robbery with violence before Ruiru Law Courts.
Appearing before Magistrate Charles Mwaniki, John Matara was accused of committing the offences on May 16, 2023.
According to the charge sheet presented before the court on Wednesday, he is believed to have on the day, at Kahawa Wendani, while armed with a kitchen knife robbed his victim Sh88,300.
It is alleged that the total resulted from the robbery of Sh18,300 from M-pesa, Sh30,000 cash, a phone valued at Sh25,000 and another worth Sh15,000.
Matara is also accused of taking her ID, international passport and family bank ATM card.
"Immediately before such robbery used actual violence to the said victim," the charge sheet reads.
He is also charged with rape and sexual assault.
"John Matara Ong'oa on May 16, 2023, at Kahawa Wendani, Ruiru subcounty in Kiambu County unlawfully manipulated the legs of her victim to cause penetration," the count of sexual assault reads.
Matara denied all charges, maintaining his innocence of the alleged offences.
His lawyer Samuel Ayora urged the court to release him on reasonable bond terms with an option of a surety.
He based his request on the fact that his client has a known abode and is not a flight risk.
Ayora told the court that during his transportation from the Industrial Area where he is remanded, Matara was allegedly assaulted physically by DCI officers based at the Ruiru station.
"He suffered blows to his left ear and his testicles were pulled," the counsel said frowning at the actions.
He requested that Matara be escorted to a medical facility for treatment and that the medical report be submitted to the court.
The Prosecution led by Ms Moraa, opposed the bond request noting that Matara has another case before another court and pending investigations.
She said the Investigative Officer had informed her that there are other matters of a similar nature that are emerging.
She said if the accused is granted a bond, he will interfere with witnesses.
"Further, in the circumstances of the case, the acts the accused person allegedly committed, if he is granted bond terms, he will not only jump bail but the case will be interfered with," she emphasised.
At the same time, she told the court that the state required Matara's DNA in the case.
The counsel requested that the court allow the accused to be escorted to Ruiru subcounty Hospital for the collection of DNA.
On the issue of assault by police, the state did not oppose Matara being escorted to the hospital but said that the same should be done under tight security.
In response, Ayora said the affidavit which the state referred to while opposing bail had not been supplied to the defence and urged the court to ignore it.
He said the accused will appear for the other matters before the other courts just as he did in today's plea-taking.
"My humble submission is that the offence before you is bailable and that the state's conditions are mere suspicions. He will religiously attend court the way he has done today," he said.
Ayora poked into the state's submissions, claiming they were but speculations and not reasons to deny bond.
He went on to say since the offence is said to have taken place in 2023, investigations ought to have been completed and added that there was no evidence warranting Matara's detainment.
The lawyer did not oppose the prosecution's request for a DNA test.
Upon determination, Magistrate Mwaniki directed that Matara be escorted to Ruiru police station to make a report on the alleged assault by police.
"On the alleged assault, the accused is to be escorted to Ruiru police station where he shall make a report and an investigation is to done which upon conclusion those culpable will be indicted," he ordered.
He also ordered that Matara be taken to the hospital for treatment and a DNA test.
The mention of whether or not he will be released on bond will be on Friday, March 8, 2024.
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