Court to rule in murder case of Juja ex-MP George Thuo
Former Juja MP George Thuo who died after suspected poisoning on November 17, 2013. Six people charged with his murder will know their fate on September 21, 2022 when a judge will determine whether to free them or put them on their defence.
Six people charged with the murder of a former MP nine years ago will know their fate on September 21, 2022 when a judge will determine whether to free them or put them on their defence.
While asking Justice Roselyn Korir to acquit the proprietor of Porkies Club, Paul Wainaina Boiyo alias Sheki, allegedly for lack of evidence, veteran lawyer John Khaminwa said the Director of Public Prosecutions has failed to establish that the accused had a motive to poison former Juja MP George Thuo.
In his final submissions before Justice Korir, Dr Khaminwa said Mr Thuo was a regular and respected customer at the club.
“No motive to poison him has been established by the DPP. No evidence to demonstrate the link between the accused and the death of the deceased,” said Dr Khaminwa.
Suspects
Mr Boiyo is charged alongside his employees Christine Lumbazio Andika alias Lumba, Andrew Karanja Wainaina, Samwel Kuria alias Visi, Esther Ndinda Mulinge and Ruth Watahi Irungu alias Atlanta for the murder of Mr Thuo on November 17, 2013.
“The prosecution has not demonstrated that the accused has a case to answer. It has not led any testimony to link the accused to the poison that led to the death of the former lawmaker,” stated Dr Khaminwa.
The advocate said that before Mr Thuo went to Porkies Club, he had been drinking alcohol elsewhere.
“Indeed there were bottles of beer in his car.”
In addition, Dr Khaminwa submitted that the former MP had a heart problem and “was receiving treatment from time to time”.
The court was asked to take judicial notice that specimens from the body, the glass he used and the beer bottle were taken to South Africa for forensic examination.
“The evidence from South Africa has never been produced in court and thus the case is incurable,” Dr Khaminwa submitted.
Tusker beer bottle
Chief Inspector Maxwell Otieno, the lead investigator, told Justice Korir that the Tusker beer bottle from which Thuo was drinking and the clothes he was wearing were taken to the Government Chemist and the test results indicated that the former legislator had been poisoned.
According to the police officer, post-mortem showed that he had died due to excessive bleeding.
Mr Otieno said the accused’s interview statements indicated a possibility that they took part in the poisoning of Mr Thuo, who was served three bottles of beer at the bar.
Haemorrhagic gastroenteritis
Dr Andrew Gachii, a consultant pathologist and forensic specialist who participated in the joint post-mortem on behalf of the family, told the court that Mr Thuo died from haemorrhagic gastroenteritis caused by poisoning.
Led in his evidence by Senior State Counsel Charles Okeyo, Dr Gachii said he prepared his first report indicating that there was a possibility of poisoning, but waited until he had received another post-mortem report from South Africa before concluding that Mr Thuo was actually poisoned.
The defence had objected to the admissibility of a report by a toxicologist that said Mr Thuo was poisoned on grounds that it may be inconclusive, lacked credibility, and may not “assist the court to arrive at any conclusion”. However, the report was admitted as evidence.
The accused are out on bond.
