A bar proprietor and his five employees charged with the murder of former Juja MP George Thuo 10 years ago, have a case to answer, the High Court ruled yesterday.

In her ruling, Justice Roselyn Korir said the prosecution had established a prima facie case against the sextet.

The judge said she had considered the prosecution’s case based on witnesses, evidence and exhibits produced in court.

“After analysing the evidence, I have found out that the prosecution has established a prima facie case against the accused persons to warrant this court to place them on their defence,” she ruled.

The six are Paul Wainaina Boiyo, alias Sheki, of Porkies Club, and his employees Christine Lumbazio Andika, alias Lumba, Andrew Karanja Wainaina, Samwel Kuria alias Visi, Esther Ndinda Mulinge and Ruth Watahi Irungu, alias Atlanta.

They are alleged to have killed Thuo on November 17, 2013.

Defence lawyer Cliff Ombeta said his clients would give sworn evidence in their defence. The prosecution called 30 witnesses to testify. The case will come up on February 14 for a defence hearing.

Last year, Boiyo asked the court to acquit him for lack of evidence. Through lawyer John Khaminwa, Boiyo and others said the Director of Public Prosecutions had failed to establish that they had a motive to poison Thuo.

 Regular customer

In his final submissions, Khaminwa said 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 Khaminwa.

The advocate said that before Thuo went to Porkies Club, he had been drinking alcohol elsewhere. “Indeed, there were bottles of beer in his car.” In addition, 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 Thuo’s body, the glass he used and his 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,” Khaminwa submitted.

During the hearing, Chief Police Inspector Maxwell Otieno, the lead detective, told Justice Korir that a 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 he had been poisoned.

The police officer said a post-mortem showed he had died of excessive bleeding. Otieno said statements from the accused people indicated a possibility they took part in the poisoning of Thuo, who was served three bottles of beer at the bar.

Dr Andrew Gachii, a consultant pathologist and forensic specialist who participated in the joint post-mortem examination on behalf of the family, told the court that Thuo died from hemorrhagic gastroenteritis, caused by poisoning.

Meanwhile, a security officer based at the multi-billion shilling Kihingo Village Estate in Kitusuru, Kiambu County, yesterday narrated to court how former Tetu MP James Ndung’u Gethenji assaulted him at night while armed with a pistol.

Testifying before Milimani Magistrate Muthoni Nzibe, security officer Godfrey Kirimi Mutua said he was assaulted by Ndung’u on the head on February 5, 2021, at the gate of the estate, suffering serious injuries that necessitated several stitches.

Assault case

In his evidence, Mutua, who had been deployed by Fapal Group as a night guard, said that at around 11.30pm, the former MP and his bodyguards ordered him to open the gate. The MP had a firearm.

“I asked him, why are you holding a gun yet we normally open the gate for you. That was when Ndung’u came out with his bodyguards and assaulted me”, he said.

 “I informed my boss and I was advised to report the matter to Gigiri Police Station, which I did vide OB number 02/05/02/2021. I went to MP Shah Hospital and recorded a statement at the DCI office in Gigiri,” Mutua narrated.

While being cross-examined by the defence lawyer, Mutua denied knowledge of an existing dispute between directors of a company that owns Kihingo Estate, or receiving money from one the camps.

The former MP faces two counts of assault and causing grievous harm to Mutua.

– Additional report by Nancy Gitonga