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Muchai murder suspects allowed to defend themselves in violent robbery case

Seven suspects charged with murder of former Kabete Member of Parliament George Muchai have been put on their defence in a case they are accused of violently robbing two sisters.

Milimani Chief magistrate Lucas Onyina made the order following an application by their defence lawyers Stephen Ongaro and Prof Hassan Nandwa.
The accused persons prayed to the court to give them a chance to defend themselves after the High Court rejected their application seeking the stay to the judgement which was to be read by the lower court.
 Eric Isabwa and  Raphael Kimani, the first and second accused persons, told the court that High Court Judge Peter Muteti directed that they go back to the magistrate’s court and make their plea to defend themselves.
The suspects are facing multiple robberies with violence charges in which two sisters, Gladys Waithera and Irene Muthoni, are complainants.
They expressed their dissatisfaction with the magistrate’s decision,  saying that when they appeared before the court on July 31, last year, they expected to be put on their defence but the court proceeded to set a date for delivery of the ruling.
” Your honour I was shocked when I heard the remarks and got annoyed since I was not granted a chance to defend myself where I can assure this court that I will prove my innocence,” said Isabwa.
He told the magistrate that he was ready at any given time to prove he never committed the offence of killing the former legislature.
Simon Wambugu, another suspect, joined the session virtually from Kamiti Maximum Prison. His lawyer Hassan Nandwa who concurred with call to have the accused put on their defence.
Defence lawyer Stephen Ongaro for the other suspects, Mustapha Kimani, Stephen Astiva, Jane Wanjiru and Margaret Njeri, had  submitted that the court relied only on the evidence produced and and denied the accused persons to defend themselves negating their rights to fair hearing and trial which is their constitutional rights,
“Your honour, it was not fair constitutionally and also human right to deny the accused to be heard,” he submitted.
All the accused persons prayed to be given a chance to defend themselves in the case.
State prosecutor Willy Momanyi did not oppose the application by the defence to grant the accused persons a chance to defend themselves but prayed that the defence hearings should be held on the daily basis.
Onyina ruled that the accused persons a chance to prove their innocence,
“Since the prosecution did not oppose the plea by the accused persons, I hereby declare that the application is merited,” he declared.
They will appear in court tomorrow to start the defence hearing.
In the High Court, the accused persons are facing a separate charge of killing Muchai, his two bodyguards Samuel Kailikia and Samuel Matanta, and his driver Stephen Wambugu on February 7, 2015, on Kenyatta Avenue, in Nairobi.
See also  Court to rule on whether Kamiti warder accused of mutiny will be granted bail

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