• The AP murdered the land broker and the guard at a Syokimau bar and restaurant where he and his lover had been making merry for most of the afternoon.
• The Court of Appeal judges found no merit in the appeal and dismissed it.
The Court of Appeal has upheld the death sentence imposed on an Administration Police officer for killing two men in Machakos county 10 years ago.
Cosmas Mulwa gunned down security guard Samuel Maiyo for ejecting him from a bar before shooting land broker Charles Ngugi four times for offering his lover a lift.
Mulwa, who at the time worked at the Kenyatta International Convention Centre, was sentenced to death for the crimes on October 6, 2010, by the High Court in Nairobi.
He appealed against the ruling, but on July 24, this year, appellate judges William Ouko, Agnes Murgor and Kathurima M'inoti upheld the lower court's death sentence.
“Having carefully considered this appeal, we do not find merit in any of the grounds of appeal and the appeal is hereby dismissed in its entirety,” the judges ruled.
The particulars of the case were that the AP murdered Ngugi and Maiyo on August 5, 2010, at Boma Villa bar and restaurant in Syokimau.
The High Court was told that Mulwa and his lover Phyllis Kajuju had gone to Syokimau to sort out a boundary beacons issue of a plot he had purchased through Ngugi.
The couple had lunch and drinks with Ngugi at the bar. However, they abandoned their mission and continued drinking.
At 7pm, Ngugi excused himself to go to Donholm and Kajuju asked him for a lift since she was headed in the same direction.
The two walked out, followed by the officer, who was not happy that his girlfriend was leaving.
Outside the bar, he shouted at Ngugi that Kajuju was his prostitute before landing blows on her until she fell. She got up and ran into the bar where Mulwa followed her and beat her the more.
The commotion attracted the bar owner who, with Ngugi, unsuccessfully tried to restrain the AP.
Maiyo was summoned to eject Mulwa from the bar but the officer shot him dead before turning his gun on Ngugi, shooting him four times.
In mitigation, the convict claimed he was on his way home when gangsters assaulted him and took his gun leaving him helpless in a field.
He accused the prosecution of subjecting him to "imaginary murder charges".
Further, Mulwa accused the trial judge of being biased against him.
- mwaniki fm