Ghost of ICC persists in George Thuo murder hearing

Most witnesses in the case have died in mysterious circumstances.

In Summary

•Thuo died on the night of November 17, 2013.

•Detectives believe the cause of death to have been caused by a toxic chemical that was mixed with his drink.

Ruth Watahi Irungu, Esther Ndinda Mulinge, Samuel Kuria Ngugi, Andrew Karanja Wainana, Christopher Lumbazio Andika and Paul Wainaina at Milimani Law Courts on February 14, 2023
Ruth Watahi Irungu, Esther Ndinda Mulinge, Samuel Kuria Ngugi, Andrew Karanja Wainana, Christopher Lumbazio Andika and Paul Wainaina at Milimani Law Courts on February 14, 2023
Image: DOUGLAS OKIDDY

The ghost of the ICC trial of Kenyan suspects resurfaced this week during the trial hearing of the murder case of former Juja MP George Thuo.

Most witnesses in the case have died in mysterious circumstances.

And on Tuesday, the owner of the Thika club where Thuo collapsed and died told the court the former lawmaker was worried about the ICC case.

In that case, former President Uhuru Kenyatta, his successor William Ruto, former head of Public Service Francis Muthaura, journalist Joshua Sang, former police commissioner Hussein Ali and former Cabinet Minister and Tinderet MP Henry Kosgey were facing trial at the International Criminal Court in the Hague for crimes against humanity.

The cases were, however, dropped for lack of evidence.

The case was related to the post-election chaos of 2007/08 in which over 1000 people were killed.

Thuo who was elected Juja MP during the 2007 election was to be a witness against Kenyatta.

Six suspects have been put on their defence in connection with Thuo's death in 2013.

On Tuesday, the first accused Paul Wainaina who owned Club Porkies where Thuo died linked the ICC case to the matter saying the former MP was very worried.

Wanaina told trial judge Roselyn Korir that Thuo was a worried man. He was worried about the ICC cases and did mention to him that he "didn't know what was going to happen after the case was over."

The businessman did not elaborate on the details of the conversation.

He said Thuo did not like to delve deeply into the issue but he mentioned he was to be a key witness. Thuo became the eighth ICC insider to die.

Wanaina alias Sheki, Christopher Lumbazio, Andrew Karanja, Samuel Kuria Ngugi, Esther Ndinda Mulinge and Ruth Watahi Irungu were two weeks ago placed on their defense by Judge Korir over Thuo's murder.

Lumbazio who took to the dock after Wainaina also alluded to the ICC case telling the court that Thuo confided to him about his fears in connection with the Hague trial.

Justice Korir sought to know more from the witness but Lumbazio said the ICC matter was personal and Thuo never discussed it even with close friends.

"I know he was worried because he told me he was worried about the case (at the ICC) but he did not like to talk about it," Lumbazio said.

Lumbazio, just like Wainaina before him, told the court he and Thuo were good friends and had become so close that he had no motive to poison him.

On that fateful day, Thuo visited Porkies in Thika. He called Wanaina at around 7.30 pm saying he wanted to come and watch Formula 1 at the joint. They met at around 8.45 pm. But Thuo had passed by somewhere else and had a drink before proceeding to Porkies.

At Porkies, Thuo, Wanaina and some of the other accused persons converged at a table chatting about Formula 1.

There was no special sitting arrangement for the then MP. Wanaina was having coffee and Thuo was having a Heineken beer.

But fifteen minutes later, Thuo started feeling hot. He asked the rest whether they were feeling the same but they were not.

He then told Wanaina that it would be best if he removed his vest. He had a light shirt, a trouser and the vest which was beneath.

Wanaina directed Thuo to his office where he remove the vest and took it to his car. All this while, Wanaina was at the kitchen counter.

Thuo was on his own when he took the vest to his car. He came back and they continued chatting about Formula 1.

About 10 minutes later, Thuo collapsed.

Doctors who have testified in the case said Thuo was poisoned and died from excessive bleeding.

An emotional Wanaina had a difficult time composing himself as he narrated the last moments he shared with his friend. Wanaina participated in Thuo's political campaigns and also in his marriage arrangements.

But Thuo would later separate from his wife before the incident happened.

Asked whether he knew of any serious issues the two had, Wanaina said efforts to be supplied with Safaricom call data that would help determine some aspects of the case have been unsuccessful.

Thuo died on the night of November 17, 2013.

Detectives believe the cause of death to have been caused by a toxic chemical that was mixed with his drink.

Six suspects including Thuo's friends are in court for the murder.

The hearings concluded on Wednesday and the judge is expected to write her judgement.

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