Bar owner on the spot for former lawmaker George Thuo’s death
A Nairobi court has ruled that a bar owner and his five employees charged with the murder of former MP George Thuo have a case to answer.
The lawmaker died ten years ago.
Justice Roselyn Korir on Wednesday, January 25, 2023, ruled that the accused persons were found culpable and put on their defence.
The judge said she’d considered the prosecution case on witnesses evidence and exhibits produced in court.
“After analyzing the evidence, I found the prosecution has established a prima facie case against the accused persons to warrant this court to place them on their defence “, the judge ruled.
The six are, Paul Wainaina Boiyo alias Sheki of Porkies Club and his employees Christine Lumbazio Andika alias Lumba, Andrew Karanja Wainaina, Samwel Kuria alias Visi, Esther Ndinda Mulinge and Ruth Watahi Irungu alias Atlanta.
They are alleged to have killed Thuo on November 17, 2013.
Defence lawyer Cliff Ombeta said his clients will give sworn evidence in their defence.
The prosecution called 30 witnesses to testify in the case.
The case will come up on February 14, 2023 for defence hearing.
Last year, Paul Wainaina Boiyo asked the court to acquit him for lack of evidence.
Through his lawyer John Khaminwa, Boiyo and others said the Director of Public Prosecutions (DPP) had failed to establish that the accused had a motive to poison Thuo.
In his final submissions, Khaminwa said Thuo was a regular and respected customer at the club.
“No motive to poison him has been established by the DPP. No evidence to demonstrate the link between the accused and the death of the deceased,” said Khaminwa.
The advocate said that before Thuo went to Porkies Club, he had been drinking alcohol elsewhere.
“Indeed there were bottles of beer in his car.”
In addition, Khaminwa submitted that the former MP had a heart problem and ‘was receiving treatment from time to time’.
The court was asked to take judicial notice that specimens from the body, the glass he used and the beer bottle were taken to South Africa for forensic examination.
“The evidence from South Africa has never been produced in court and thus the case is incurable,” Dr Khaminwa submitted.
During hearing, Chief Inspector Maxwell Otieno, the lead investigator, told Justice Korir that the Tusker beer bottle from which Thuo was drinking and the clothes he was wearing were taken to the Government Chemist and the test results indicated that the former legislator had been poisoned.
According to the police officer, a post-mortem showed that he had died due to excessive bleeding.
Otieno said the accused’s interview statements indicated a possibility that they took part in the poisoning of Thuo, who was served three bottles of beer at the bar.
Dr Andrew Gachii, a consultant pathologist and forensic specialist who participated in the joint post-mortem on behalf of the family, told the court thatThuo died from haemorrhagic gastroenteritis caused by poisoning.