Magistrate drops out of Muchai murder case

Chief magistrate Francis Andayi has disqualified himself from hearing a case in which seven people are accused of robbing and killing Kabete MP George Muchai, his two bodyguards and a driver.

Andayi has transferred the case to City Hall chief magistrate Roseline Oganyo who is to proceed with the remaining two witnesses. So far 20 witnesses have testified.

Senior state prosecutor Willy Momanyi leads the prosecution.

The accused had asked the trial magistrate to disqualify himself from the case, saying he was biased.

The suspects are Raphael Kimani alia Kim Butcher, Kimani Anyonyi alias Musti, Stephen Lipapo alias Chokore, Erick Muyera alias Chairman, Jane Wanjiru alias Shiro, Margaret Njeri and Simon Wambugu.

Andayi said the decision to quit the case was to pave way for a fair trial.

"I hereby disqualify myself from this case so as to allow a fair trial," Andayi said.

They had accused the magistrate of favouring the prosecution by delaying the trial of the case. 

 The seven are accused of killing Muchai, his two bodyguards and his driver on February 6, 2015 in Nairobi.

In their application, the suspects accused the magistrate of failing to direct the prosecution to supply them with Safaricom data which they wanted to use to cross-examine witnesses.

They further said some of the copies of witness statements indicated they were arrested based on Safaricom data.

"And for that reason, it is fair for the prosecution to supply the same to us to enable us cross-examine witnesses," they said.

But senior state counsel Solomon Naulikha who was by then conducting the prosecution opposed their request, saying they lacked merit.

Naulikha instead blamed the suspects for delays in the case.

Safaricom lawyer Robert Gitau told the court call data could not be given to the suspects as other subscribers would be affected yet they had nothing to do with the case.

Muchai was murdered alongside police constables Samuel Kimathi and Samuel Lekakeny and his driver Stephen Ituu on Kenyatta Avenue.

On the same night, the suspected killers stole Michael Ngatia's car and property worth Sh416,000.

 They also robbed Gladys Waithera of her car and belongings valued at Sh600,000 at Green Belt Estate in Wangige, Kiambu county.

Irene Muthoni Wambui lost property valued at Sh15,000 on the same night.

Muchai and the others were robbed of two pistols loaded with 30 bullets and a briefcase whose contents are yet to be known.

They were attacked after stopping to buy newspapers.

The gang allegedly used 17 live rounds and a G3 gun.