The High Court on Wednesday, January 25 convicted a Venezuelan diplomat Dwight Sagaray and three Kenyans for the murder of the Venezuelan Ambassador Olga Fonseca 10 years ago at her residence in Runda estate, Nairobi County.
Justice Roseline Korir found guilty and convicted Dwight who was the Venezuelan Embassy’s first secretary and his three co-accused Ahmed Omindo, Alex Wanyonyi, and Moses Kalya after finding the prosecution proved its case and the cause of death of Olga through its 37 witnesses.
The court also faulted the office of the Director of Public Prosecutions (DPP) for failing to execute the warrant of arrest against Mohamed Ahmed Hassan who is an alleged principal planner and executor of the murder.
The court noted that Hassan was the nephew of a senior government official Yusuf Haji.
The witnesses said that Hassan, who is still at large, was influential in the government at the embassy and was opposed to the posting of Ambassador Olga.
He had overrun the Embassy and had unlimited access and control of the embassy, vehicles, bank accounts, and staff.
He used to pay the staff and instructed them on their duties.
Court orders DPP
The court, however, ordered the Deputy Registrar to forward the judgement to the office of the DPP to facilitate the arrest of Hassan whom the court found to be the prime suspect in the planning and the murder Olga.
This is after the court put the DPP and investigators on the spot for failure to execute the warrant of arrest earlier issued by the court against Hassan
"I am satisfied that the prosecution has proved the murder charge against Sagaragy, Omindo, Wanyonyi and Kalya beyond a reasonable doubt. They are hereby convicted under section 203 of the penal code," judge Korir ruled.
While convicting the five, the court found that Olga was killed through manual strangulation.
Olga’s body was found lying on her bed with a wire cord around her neck, hands, and legs on the night of July 26, 2012.
In her decision, Justice Korir also acquitted Kipng'eno Chelogoi, a security guard found in possession of the late ambassador's mobile phone.
There was no evidence linking him to the plot and execution of the ambassador.
He collected the phone on his way from work to the Turkish Embassy.
The court found that the accused persons killed Olga as a result of a power tug-of-war between her and the administrator Sagaray over who was the Ambassador of Venezuela.
Further, the court found that Sagaray and Mohamed had established themselves at the embassy and were against Olga's arrival in the country and the control of the Embassy.
"From the evidence, it is clear that the first accused (Sagaray) resisted the taking of over of the Embassy by Olga," Justice Korir said.
The judge also found that the prosecution proved that Sagaray had the motive to orchestrate the death of Olga.
The murder plot was executed after four meetings held in four different hotels in Nairobi namely Garden Square, Muthaiga Total Petrol Station, Java Gigiri, and Maggie's Pub at Kenol Petrol Station.
The killers were paid Ksh468,000.