Kiambu High Court Judge Joel Ngugi has dismissed an application to recall a witness to testify again in the murder case of former Kiru principal Solomon Ndungu.
The application was filed by the accused, former Icaciri Secondary Principal Ms. Jane Muthoni through his counsel Francis Njanja.
Muthoni and her co-accused Isaac Nganga Alias Gikuyu wanted the Court to recall Muthoni’s daughter to testify for a second time.
Prosecution witness 4 who is the daughter of the deceased had initially testified against her Mother 2 years ago as a State witness.
While dismissing the application Justice Ngugi said that re-calling the witness at the defense stage would lead to a mistrial as the witness is likely to recant her evidence.
According to Senior State Prosecutor Catherine Mwaniki, the daughter of the deceased testified in Court and it’s therefore not procedural for her to be recalled.
Mwaniki argued that the defense team had enough time to cross-examine the witness when she testified.
Gikuyu on the other hand has told the Court that a witness known as Karis gave a false testimony, saying he had never met him before until the day they were introduced by Jane Muthoni and another suspect Njeru who is still at large.
The two accused have been in remand for 4 years, and the judge will on 7th December set a date for the ruling.