Accused hitmen seek plea bargain in the murder of Nyeri tycoon's son
Nyeri tycoon Stephen Wang’ondu, (right) James Mahinda, Eddy Kariuki, Raphael Wachira and Geoffrey Warutumo at Nyeri High Court on March 2, 2021.
What you need to know:
- The plea comes amid court proceedings in which the accused stand trial for the murder of Mwangi in January 2021 at Mwiyogo in Kieni West Sub-county.
- Witnesses told the court that Wang'ondu orchestrated his son's murder by instructing his driver, James Mahinda, to hire the hitmen to carry out the killing.
The Office of the Director of Public Prosecutions (ODPP) has offered a plea bargain to two suspected contract killers allegedly paid by late Nyeri tycoon Stephen Wang'ondu to kill his son.
In the document submitted to High Court Judge Martin Muya, prosecutors want Raphael Wachira and Eddy Kariuki to jointly plead guilty to the murder of 32-year-old Daniel Mwangi.
In return, prosecutor Mwangi Gachanja promises to ask the court to drop the death penalty for the murder and instead seek a lighter sentence for the suspects.
However, he stresses that the final decision rests with the court.
"The accused understands that the sentence is at the sole discretion of the sentencing court. The prosecution will make submissions on both mitigating and aggravating circumstances based on the Criminal Procedure Code," he says.
The plea comes amid court proceedings in which the accused stand trial for the murder of Mwangi in January 2021 at Mwiyogo in Kieni West Sub-county.
Witnesses told the court that Wang'ondu orchestrated his son's murder by instructing his driver, James Mahinda, to hire the hitmen to carry out the killing.
Wang'ondu, who was charged with murder along with Mahinda, Wachira and Kariuki, died during the trial in May 2021. He had just been released on Sh1 million bail.
Following his death, his driver, Mahinda, signed a plea bargain and pleaded guilty to the lesser charge of negligent homicide.
He was sentenced to two years' imprisonment and one year's probation after confessing to participating in the murder plot by taking the killers to Mwangi's house where they killed him.
Mahinda, who has since become a state witness, told the court that Wang'ondu had asked him to hire some hitmen on his behalf to punish Mwangi, who he said was bothering him.
Earlier, Mwangi and his father had been involved in a public fight in Mweiga town, which left Wang'ondu devastated and feeling humiliated. Mahinda said he went looking for the two executioners because his employer insisted on punishing his son.
"I only agreed because the idea was to beat Mwangi and teach him a lesson, not to kill him," he said. He said his employer had promised him a piece of land in Ngobit if he carried out the murder plot.
After Mwangi's death, Mahinda said he received a call from Kariuki at about 6am on 1 January 2021, informing him that they had 'completed the job'.
He said he visited Wang'ondu at his business premises. To his surprise, Wang'ondu seemed very happy with the outcome of his son's death, Mahinda told the court. He was given Sh160,000 to pay the executioners, he said, adding that he gave them Sh92,000 and kept the rest.
Two weeks after Mwangi's death, Wang'ondu started claiming his son Mwangi's life insurance, saying he had died as a result of an accident.
"I knew this because I had driven him several times to the regional commander's office in Nyeri town and to his insurance company to obtain and present Mwangi's post-mortem results," he said.
The assassins had killed Mwangi by hitting him on the head with a blunt metal rod while wearing gloves that Mahinda said he had bought for them. After the incident, the killers threw the metal rod into the Honi River in Mweiga, where it was later discovered by locals when the water level receded.
In trying to persuade the accused to accept the plea bargain, the prosecution is also relying on the confession of Geoffrey Warutumo, an Embu-based trader who allegedly helped Mahinda hire the two hitmen.
Warutumo, a state witness who was also a former suspect in the case, said he was contacted by Mahinda to provide him with workers to work at Wang'ondu's business in Mweiga town.
Testifying against the accused, he said he was unaware that the job offer was a contract killing as he was only asked to identify men who would be tasked with disciplining errant workers at Wang'ondu's quarry site.
Mr Warutumo was released by the court after it was established that he was not involved in the Nyeri murder as he did not leave Embu that day.
If the remaining suspects, Wachira and Kariuki, accept the plea bargain, they will have waived their right to a trial and the opportunity to cross-examine witnesses against them. "And if the court dismisses the guilty plea based on this agreement, this document shall be null and void and no party shall be bound by its terms," the prosecution says in the plea agreement.
They also agree to receive counselling from a licensed professional and to disclose any information they may have to law enforcement. The case will be heard on September 21.
