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Court hears defence testimony from Muchai murder suspect charged with violent robbery

The defence hearing of robbery with violence against seven accused persons in connection with the murder of former Kabete Member of Parliament George Muchai has commenced.

 The magistrate court on Thursday nodded on their application to be put on defence to prove their case which all the seven accused were charged with robbery.
They had earlier declined to tender their defence where Milimani Chief Magistrate Lucas Onyina said he would proceed in writing the judgement without the accused persons’ defence.
The judgement was to be delivered on October 22, 2024 but they rushed in the High Court seeking an order of stay prohibiting the magistrate court to render the judgement.
The suspects are facing multiple robberies with violence charges in which two sisters, Gladys Waithera and Irene Muthoni, are complainants.
Eric Isabwa, who was the first to give his defence today, denied the facts adduced stating that witnesses misled the court.
“Your honour, I was arrested and charged with robbery with violence nine years ago and I would like to prove my innocence before this court,” Isabwa told the court.
He told the court that he was arrested at Marikiti market on February 15 where he was doing a business of selling tomatoes.
“The plain cloth officers came to where I was and since I was used to their arrest, I thought it was normal like before but this time they arrested me amid severe beating where they injured my left arm joint and the thumb on my right hand,” he said.
They arrested him and proceeded to Central Police Station where he was booked without any information why he was arrested.
He told the court that at around 3 pm the same day, identity parade was conducted and the guy who was pointed by the complainant had never appeared before the court.
He contradicted the place of his arrest where the inventory before the court which is supported by the arresting officer’s testimony indicated that he was arrested at Kinoo 87 Kiuru in the company of his girlfriend.
He denied to have ever seen the G3 rifle, a blue bag, was and a black hooded mask, which were found in the house he was with his co-accused, Jane Wanjiru.
Isabwa also told the court that he came to know the reason of his arrest when they were produced before the court in a miscellaneous application.
He denied to know, ever met or having communication with his six co-accused persons before.
“Your honour, I never knew the accused persons before, nor meeting or having communication with them before my arrest. I saw them my first time in court,” he said.
The prosecution had told the court that call data from Safaricom indicated there was constant communication between him and the other accused persons before the crime was committed on February 6, 2015, when Muchai, his two bodyguards and his driver were murdered.
Further, data disclosed that during the time of the offence the accused person’s mobile signal was around the area of the crime.
Isabwa contradicted the witness by the prosecution that he was a boyfriend to Wanjiru and he was arrested in her rental house in Kinoo where they lived together as husband and wife.
He affirms that the arresting officers lied to the court his real place of arrest.
He further told the court that he had never been a firearm licence holder and denied being in possession of the G3 riffle.
Isabwa further told the court that the testimonies produced by witnesses were total lies and urged the court not to rely on it.
The prosecution had closed its case after presenting 36 witnesses, including police officers.
The court relied on the witness testimonies and was to deliver the judgement before putting the suspects to their defence. They protested and proceeded in the High Court seeking orders of stay against the lower court.
In his ruling, Justice Alexander Muteti directed that they give their defence testimonies in the lower court.
The seven accused persons are Isabwa, Raphael Kimani, Mustapha Kimani, Stephen Astiva, Jane Wanjiru, Margaret Njeri and Simon Wambugu.
The defence hearing will resume on February 3, 2025 for three consecutive days.
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