Nairobi News

A significant ruling in the trial of the late Kabete MP George Muchai murder case has determined that the proceedings will continue from where a retired judge had left off.

The decision, made by Justice Kanyi Kimondo, will see the case move forward, despite differing opinions from the accused parties.

Of the seven accused persons, four were in favor of commencing the case anew, while three contested this notion.

This development marks a crucial point in a case that has spanned eight years, with multiple changes in the judicial landscape.

Justice Kanyi Kimondo, who has taken over the case, highlighted the complexity of the matter. He stressed that restarting the case would be unjust not only for the accused and the prosecution but also for the victims.

Also read: Witness: Gunmen fired 37 bullets at MP Muchai and two bodyguards

Several witnesses from earlier testimonies have already passed away, adding to the urgency of concluding the case without further delay.

A total of 35 witnesses have presented their testimonies, with only two more witnesses scheduled to provide their accounts.

However, the court intends to recall six previously heard witnesses, including Pathologist Dr. Johansen Oduor, a Safaricom representative responsible for call data, and a professional who examined the CCTV footage from the scene of the incident.

The trial is set to continue from December 4 to 7 this year. This timeline underscores the complexity of the case, which has defied the swift resolution mandated by Article 50 (2) (e) (l) & (4) of the Constitution.

This constitutional provision aims to ensure trials are concluded without undue delay, but the Muchai murder trial has been ongoing since 2015.

The accused, Eric Isabwa alias chairman, Raphael Kimani alias Kim Butcher, Mustapha Kimani alias Musto, Stephen Astiva alias Chokore, Jane Wanjiru alias Shiro, Margaret Njeri, and Simon Wambugu, face charges related to the murder of the former lawmaker, his two bodyguards, and a driver.

They were each granted a cash bail of Sh500,000 this year but none of them has been able to raise the terms set by the court.

During the last court appearance, government pathologist Dr. Johansen Oduor revealed critical details about Muchai’s death.

Oduor testified that the fatal gunshot wound was inflicted at close range by either a G3 rifle or AK47 gun. He clarified that a shot gun was not involved, pointing to signs of blackening and burning around the entry wound.

Also read: Witness: This is how MP Muchai was killed

He told trial Judge Justus Bwonwong’a that the gunshot wound entered through the right side of his abdomen all the way to his right nipple.

“The area was blackened. Meaning burning of the skin around the entry caused by fragments of metal and gunpowder,” said the witness.

Muchai was dressed in a stained black suit at the time his body was brought to Lee Funeral Home in February 2015 for postmortem purposes. He had a white shirt and a white vest.

Dr Oduor said he had lost a lot of blood, which explained the pale condition his body was in. He had rib fractures and there was bleeding on both sides of his chest.

The pathologist also noted that Muchai’s heart was mildly enlarged, possibly indicating hypertension.

Additionally, his liver appeared fatty, and his kidneys exhibited features consistent with hypertension or diabetes.

The doctor also took samples from his liver, kidney, blood, stomach, and other organs for a toxicology examination.

While samples were taken for toxicology examination, Dr. Oduor had not yet received the results at the time of his testimony. Despite this, he stressed that the absence of toxicology results wouldn’t have altered the determination of the cause of death.

Also read: Suspects linked to MP Muchai’s death were ‘on a spree’