Convict in Muchai murder to appeal death sentence

One of the convicts sentenced to death in the murder trial of George Muchai has indicated through his lawyer that he will appeal the death sentence imposed by Chief Magistrate Lukas Onyina.

Danstan Omari, representing Raphael Kimani Gachii alias Kim Butcher, said the mitigation presented on behalf of his client was not given meaningful consideration, describing the process as “academic” since the court stated it could not depart from the statutory sentence.

Omari argued that the current legal framework is inconsistent and discriminatory.

While convicts of murder can receive reduced sentences following mitigation, those convicted of robbery with violence remain subject to the death penalty, even in cases where no life was lost.

He said this disparity violates Article 27 of the Constitution, which guarantees equality before the law.

“The Supreme Court cannot create a framework that treats one class of offenders differently from others,” Omari said.

He added that the defence intends to take the matter to the Supreme Court to determine whether the death sentence for robbery with violence is constitutional.

The case arises from a string of violent robberies connected to the 2015 killing of former Kabete MP George Muchai.

Kimani, along with five other co-accused, were convicted on multiple counts of robbery with violence.

Four of the accused, including Kimani, were sentenced to death.

Magistrate Onyina had earlier ruled that the prosecution had proved its case beyond reasonable doubt, citing consistent testimony from victims and other evidence linking the accused to the attacks.

The court also ordered firearms and ammunition recovered during the trial to be forfeited to the State, with the order taking effect only after the conclusion of a separate murder trial pending against some of the accused.

Omari said the ruling follows a pattern in which courts treat robbery with violence offenders differently from murder convicts, despite both offences being serious.

He criticized the legal provisions on robbery with violence as vague and ambiguous and argued that the Supreme Court must provide clarity to ensure that mitigation rights apply equally to all serious offenders.

“The journey will be long, but we are determined that Raphael Kimani will one day see the outcome,” Omari said, urging Kimani’s family to remain strong.