Alleged George Thuo’s murders denied bail

BY FRED MAKANA

Nairobi, Kenya: The six suspects believed to behind the murder of former chief whip George Thuo were on Wednesday denied bail by the High Court on grounds that if released they were likely to interfere with witnesses in the case.

The accused Paul Wainaina, Christopher Lumbasio Andika, Andrew Karanja Wainaina, Samuel Kuria Ngugi, Esther Ndinda Mulinge and Ruth Vanessa Irungu. Wainana is the proprietor of Club Porkies in Thika while Lumbasio was a friend of the late Thuo. Ndinda is the waitress who is alleged to have served Thuo while Vanessa is the woman reveler who allegedly bought Thuo a beer before his death. The six denied the murder charge on February 11 and through their lawyers they requested the High Court to be released on bail.

In her ruling yesterday, Justice Florence Muchemi upheld prosecution’s argument that any proximity between the accused and key witnesses was likely to jeopardise the case and ongoing investigations. “The prosecution’s argument that the scene of crime was tampered with is a clear demonstration that there is a possibility of witness interference. The court therefore finds it necessary that the accused remain in custody,” Justice Muchemi ruled.

However, Justice Muchemi dismissed police affidavit sworn by Sergent Martin Nyuguto on grounds that it lacked evidence to support his claims. The judge said three other grounds advanced by the prosecution are not compelling to deny the accused bail. She said the court cannot rely on circumstantial evidence to deny the accused bond as they are still suspects. Justice Muchemi said the accused were not a flight risk as suggested by the prosecution as there was no evidence to back that argument. “While the prosecution insists that the accused are likely to abscond if released it is must also be noted that an accused person is innocent and willing to prove that innocence,” the judge said. Justice Muchemi said the accused were at liberty to contest her ruling.

However, the defence led by lawyer Evans Nyasani immediately made an application seeking to be supplied with certified copies of the ruling and proceedings so as to lodge an appeal. The judge ordered the defence to be furnished with the copies as requested.

Meanwhile the six suspects have made an application seeking review an earlier trial date. Through lawyer Evans Nyasani they argued that the trial slated for October 27 is very far and the accused are likely to suffer in jail before trial begins. “We wish this case to be disposed off as quick as possible. We urge the court to consider giving the accused a trial date that is fairer as they are still innocent until proven otherwise,” Nyasani said. The judge directed the matter to be mentioned on Wednesday next week.