The DPP asked the court on Tuesday to have the inquest on the mysterious death of Mercy Keino, who was studying at the University of Nairobi, revisited because important evidence was meddled with.
Tobiko mentioned in his application that evidence was tampered with by being deleted, video footage edited or omitted and not presented in court during the hearing of the case.
Chief Magistrate Judge Daniel Ogembo ordered Principal Magistrate Peter Ndwiga, who presided over the case, to be recalled to hear the application by the Prosecutor.
A ruling on whether the suit will be re-opened will be made by the Magistrate on November 11.
Keino's body was found along Waiyaki Way in June 2011, in a case in which witnesses said came after she had a disagreement with Governor Kabogo at party on the night of her death.
The Kiambu Governor allegedly slapped and stepped on Mercy Keino at the function hosted at the Wasini Luxury Suites in Nairobi.
Kabogo vehemently denied the claims, saying that the involvement of his name in the murder was politically driven.
In February, government Chief Pathologist Johansen Oduor said that Keino sustained fatal injuries before her death, but acquired more injuries after her death.
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