• Justice Roslyn Korir on April 19 convicted them over the murder that took place at Porkies Club nine years ago.
• She said the evidence adduced was sufficient and was not based on suspicion.
Image: The Star
The High Court is today expected to hear mitigations from six convicted of the murder of late Juja MP George Thuo before sentencing them.
Justice Roslyn Korir on April 19 convicted them over the murder that took place at Porkies Club nine years ago.
She said the prosecution proved its case against Club owner Paul Wainaina Boiyo alias Sheki, Thuo’s aide Christopher Lumbazio Andika alias Lumba, DJs Andrew Karanja Wainaina and Samuel Kuria Ngugi alias Visi, Esther Ndinda Mulinge, a waiter, and a patron Ruth Watahi Irungu alias Atlanta.
She said the evidence adduced was sufficient and was not based on suspicion.
She agreed with doctors' reports who found that Thuo's cause of death was haemorrhagic gastroenteritis due to poisoning.
The poison was identified as Cyhalothrine pesticide which the Judge said would lead to death in five to ten minutes once ingested into the body.
The poison was traced in his liver, kidney and shirt he was wearing on the material day.
"I find the forensic evidence clearly shows Thuo consumed a poisoned laced drink at Porkies club," said the Judge.
Separately, the high court will this morning rule on an application challenging its jurisdiction to hear cases touching on the implementation of the new Affordable Housing Act.
Six cases have so far been filed raising similar issues. They were consolidated before Justice Chacha Mwita.
But CS Treasury and the Attorney General filed a preliminary objection (PO) challenging the court's authority over the matter. It filed this PO in one of the six cases presented in court.
It argues the case by the Trade Unions Congress of Kenya (petitioner) does not meet the threshold as it doesn't precisely state which human right has been limited or infringed.
The state has also faulted the petitioner for failing to demonstrate the unconstitutionality of the challenged provisions of the act and that the petition only seeks to restrict the legislative authority of parliament.
It is these issues the court is expected to rule on today.
On March 19 President William Ruto signed into law the affordable housing bill 2023, paving the way for the reinstatement of the contentious housing levy deductions.
Under this new law, Kenyans will now be deducted 1.5 per cent of their gross monthly pay.
But the Petitioners in the case among them Busia Senator Okiya Omtatah, De Benjamin Gikere and others have contested this.