HAVE SEVEN DAYS

Ex-MP Muchai murder suspects get right to reject judge

Judge directs them to file a formal application saying why they want him out of the case

In Summary

• They failed to appear in court a week ago in protest claiming they have lost confidence in the judge

• Have been in custody since March 2015 when they were charged with four counts of murder and robbery with violence

Margaret Njeri, Jane Wanjiku Kimani aka Chiro, Erick Muyera Isabwa aka chairman, Raphael Kimani Gathii alias Bucher, Mustafa Kimani Anyonyi alias Musto, Stephen Asivita Lipapo alias Chokore and Simon Wambugu Gichamba at Milimani court on March 13, 2015
BEEN IN CUSTODY: Margaret Njeri, Jane Wanjiku Kimani aka Chiro, Erick Muyera Isabwa aka chairman, Raphael Kimani Gathii alias Bucher, Mustafa Kimani Anyonyi alias Musto, Stephen Asivita Lipapo alias Chokore and Simon Wambugu Gichamba at Milimani court on March 13, 2015
Image: FILE
The car of former Kabete MP George Muchai in which he was shot dead in March 2015
SUSPECTS CITE BIAS: The car of former Kabete MP George Muchai in which he was shot dead in March 2015
Image: FILE

Four suspects in the murder of former Kabete MP George Muchai and his three aides have been given more time to file an application to have a judge recuse himself over claims of bias. 

The matter came up on Wednesday to confirm if the application had been made after they requested to do so last month.

Justice James Wakiaga gave them seven days to make their application and appear in court on November 28. 

 

Last month, Raphael Kimani aka Kim Butcher, Kimani Anyonyi AKA Musti, Stephen Lipapo aka Chokore and Erick Muyera aka chairman requested Justice Wakiaga to disqualify himself from the case as they had lost confidence in him.

"We are not satisfied with this court. We have lost confidence in it and we want the court to disqualify itself for being biased," they said. 

The suspects, who are remanded at Kamiti Maximum Prison, failed to appear in court a week ago in protest.

Their co-accused Jane Kamau and Margaret Wachuiri, however, said they have no problem with the trial judge and want the case to proceed without further delay.

Wakiaga directed the suspects and any other party to file a formal application raising their reasons why they want him out of the case. 

The suspects are accused of murdering Muchai, his driver Stephen Wambugu and bodyguards Samuel Kalikia and Samuel Matanta on February 6, 2015, on Kenyatta Avenue in Nairobi county.

The application prompted the stalling of the case which had been scheduled for two consecutive weeks. So far, three witnesses have testified among the listed 41. 

 

All the accused have been in custody since March 2015 when they were charged with four counts of murder and robbery with violence. 

Edited by R.Wamochie