23 Mungiki convicts lose appeal on 7-year jail term

Twenty-three people convicted of the murder of 29 people in Mathira, Nyeri County, in 2009 will serve a seven-year jail term each.

This was after High Court judge John Mativo rejected their applications to overturn the sentences imposed on them by a magistrates' court following the infamous Gathaithi massacre.

The convicts were arrested on suspicion of being members of the proscribed Mungiki sect. They were found guilty of conspiring to commit a crime.

They were arrested with an assortment of crude weapons aboard a matatu in Karatina on April 20, 2009, just days after killing by suspected members of Mungiki sect.

Police said the driver of the matatu attempted to escape when he was flagged down at a roadblock. Upon inspecting the matatu, the officers discovered the weapons, among them pangas, knives and rungus.

The convicts had denied being members of the sect. They told the court they were victims of a witchhunt by police officers desperate to nail the killers.

They claimed they were arrested in different places as they went about their business and not in a matatu as the prosecution said.

But they did not convince the court. The prosecution, led by Hilda Jebet, told court the driver and conductor of the said matatu had been charged before the court for carrying excess passengers. And yesterday, the court noted the law punishes intent, preparation and the attempt to commit a crime and that their testimonies were highly unconvincing.

"Even though the attempt to commit the act is not successful, the law must still be in force," Justice Mativo ruled.

The youth had been released on bond as the court determined their appeal. They have been out for six years.

While making the ruling, the judge also directed the time they served before their release on bond be considered.

Justice Mativo also issued a warrant of arrest for one more person and ordered that existing warrants against more members of the group to remain in force. Most of the victims had their throats slit.