House party that ended in death of host who served guests with illicit brew
An assistant chief and five Nyumba Kumi Initiative elders were on Tuesday charged with murdering a boda boda rider for hosting a party where guests took local brew in Mitunguu area, Meru county.
Maraa sub-location assistant chief Peter Kaburia, 51, together with elders Cosmas M’arimi, 54, Zaverio Atugi, 62, Zaverio Mugeria, 78, Ruginu Wairura, 49, and Geoffrey Muna, 53, denied killing Samuel Marangu M’Miriti.
They denied committing the offence before Mr Justice Francis Gikonyo and they were remanded in custody until December 23, 2019 when bond application will be considered.
It is alleged that on November 13, 2018, the accused persons fatally assaulted Mzee Marangu, a boda boda rider, while accusing him of preparing illicit brew commonly known as Mugacha without permission.
The prosecution, led by Vincent Maina, told the court that the six jointly killed the deceased at the sub-location, Imenti South, Meru County.
On the fateful day, at around 8:30pm, the assistant chief, together with his team, while on patrol raided the home of the deceased where they found him with his wife and daughter about to go to sleep.
They ordered him to get of his house, and arrested him for brewing and serving illicit brew to his guests, in contravention of the fight against liquor in the village.
The prosecution said the deceased had organized the party to thank fellow motorcyclists who had assisted him recover her stolen motorbike in Tigania area.
They frogmarched the deceased ostensibly to interview him but after one hour he was found by one Bernard Mbui, a Good Samaritan, unable to walk after being seriously beaten up.
CAUSE OF DEATH
Mr Mbui offered to help him reach home which was just metres away, but the deceased started vomiting blood and fell unconscious.
He died on the spot with foam oozing from his mouth and nose.
Autopsy reports conducted at Consolata Mission Hospital by a Dr Gitaki indicated the cause of death was due to asphyxia secondary to chest and neck compression.
Defence lawyer Henry Karauka filed for an application for his clients to be released on bond pending trial, saying the suspects were respectable law abiding members of the society.
The lawyer further told the court his clients had fixed abode and therefore were not flight risk.
He said the suspects had been in remand for a month to allow for a psychiatric examination before they took plea on Tuesday.
The prosecution and the family of the victim, through lawyer Joshua Mwiti, opposed the application saying they needed time to respond to it with compelling reasons to deny the suspects bond.
Justice Gikonyo directed Mr Maina and Mr Mwiti to file an affidavit within seven days on compelling reasons to deny suspects bond.