Seven suspects linked to the murder of former Kabete Member of Parliament George Muchai have requested court to allow them the very final opportunity to prove their innocence before the Court.
The suspects in the gruesome murder of the former Lawmaker include; Erick Muyera Isabwa alias Chairman, Raphael Kimani alias Butcher, Mustafa Kimani alias Musto, Stephen Asitiva Lipapo alias Chokori, Jane Wanjiru Kimani alias Shiro, Margaret Njeri alias Waciuri, and Simon Wambugu Gichamba.
They are all charged with robbery with violence and murder of Muchai and his aides in February 2015.
In 2024 the suspects declined to give their evidence to exonerate themselves from the charges facing them saying that the charge sheet was fatally defective and that the robbery with violence with which they were charged was not known in Law.
The court however declined their plea of acquitting them of the charges.
Angered by the Court’s decision, the seven suspects moved to the High Court seeking refuge to have the robbery with violence case trial before Chief Magistrate Lucas Onyina stayed.
However, in November 2024 the High Court declined their request and forwarded the file back to the Magistrate for the case to proceed to its logical conclusion.
When the case came up today, the suspects pleaded with Court to allow them another opportunity to prove their innocence.
The first accused person, Erick Muyera Isabwa told the Court that he is confident enough that if the court gives him an opportunity to defend himself, he would shed light to the court and prove that he did not commit the offence he is charged with.
“I am confident enough that if this court gives me an opportunity to defend myself, I will shed light to this court and prove that I did not commit the offence am charged with.” pleaded Erick.
Advocate Stephen Ongaro representing the accused persons on his part told court that Justice must not only be done but must be seen to be done and that the charge sheet upon which the accused persons are being held in custody is fatally defective and unconstitutional.
“None of the accused persons is guilty, none of them committed the offences they are facing, I saw injustice on my face, I could not stand injustice and my effort to ensure the injustice does not prevail was thwarted by the court, give me a chance to attack the evidence produced by the prosecution…” submitted Advocate Stephen Ongaro.
The defence said that they have submissions heavy enough to acquit all the accused persons.
The Court allowed the application to reopen the defence hearing and the case will proceed tomorrow, January 17, 2025.
