The High Court found six accused persons guilty of the murder of former Juja member of Parliament George Thuo, who was poisoned on the night of November 17, 2013, at Porkies Restaurant in Thika.
Delivering the judgement on Friday, Lady Justice Roselyn Korir ruled that the prosecution had proved its case against all the accused persons to the required legal standard.
“Circumstantial evidence presented in court was not merely based on suspicion, it linked the accused persons to the death of the deceased…….It is my finding that the prosecution proved its case against the 1st,2nd,3rd,4th,5th and 6th accused to the required legal standard, each accused is therefore convicted accordingly, she ruled.
‘Whoever laced the drink must have known such an act would cause his death or cause him grievance harm.”
Justice Korir agreed with doctors’ reports that Thuo’s cause of death was hemorrhagic gastroenteritis due to chemical poisoning.
The convicts include Club owner Paul Wainaina Boiyo, Thuo’s aide Christopher Lumbasio Andika, DJ Andrew Karanja Wainaina, event organizer, marketer and MC Samuel Kuria Ngugi, Waiter Esther Ndinda Mulinge and Ruth Vanessa Irungu.
During the trial, the prosecution called 30 witnesses and adduced 26 exhibits.
The poison was identified as Cyhalothrin pesticide which the Judge said would lead to death in five to ten minutes once ingested into the body.
The poison which was found in the beer and empty bottles of Tusker Malt collected from porkies was also found in the deceased Liver, vomitus, kidney, white shirt and handkerchief.
The judge said no single prosecution witness testified to having seen any convicts administer the poison to Thuo and no direct evidence links the convicts to commission of the offence.
However, she said that alone would not exonerate them if there was any circumstantial evidence linking them to the murder.
“I reject the proposition that they could be acquitted if they were not found in possession of the poison.”
Furthermore she said, both Wainaina and Lumbasio had knowledge that Thuo was coming to the club.
The duo’s knowledge of the deceased plans of going to porkies was “sufficient notice for any good or bad plan for the deceased”, she added.
She equated the duo’s actions, who were well known to Thuo as a case of “Kikulacho ki nguoni mwako”.
Loosely translated to “some people will pretend to be your friends, eat with you, live with you. These so-called friends might even be perceived to have your best interest at heart, however, they are the ones you want to be wary of.”
The court further dismissed the submissions by the sixth person who argued that she bought the MP a drink as a sign of friendship.
Vanessa Irungu had told the court that she went to Porkies looking for change of Sh1,000 and thereafter saw the MP, hugged him and then bought him a drink.
The court, however, questioned her motive and wondered whether the hug was a Judas hug referring it to “kikulacho kinguoni mwako.”
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