- The Judge at the same time declined to grant the convicts bail pending appeal.
- But the defense counsels urged the court to review its decision saying it has discretion.
Image: DOUGLAS OKIDDY
The High Court has adjourned the sentencing hearing of six people convicted over the murder of former Juja MP George Thuo to May 28.
The postponement is to allow the probation officer (P.O) to compile his report regarding the six.
The report usually assesses family background and personal history, character, and attitude towards the offence among other things before them being sentenced.
The court heard that the P.O. was unable to work with the last time frame given by the court as relatives of those convicted were coming at various intervals.
There was also a logistical challenge on the part of the P.O making it impossible to compile a comprehensive report by today (Friday)
Justice Roselyn Korir in adjourning the matter asked the P.O to consider the urgency of the case as it has been in court for the last 10 years and four months.
The Judge at the same time declined to grant the convicts bail pending appeal.
But the defense counsels urged the court to review its decision saying it has discretion.
The court said it will render its decision on the same on Tuesday next week.
On April 19, Justice Korir convicted 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 over the murder that took place at Porkies Club nine years ago.
She said the prosecution proved its case against the six adding that the evidence adduced was sufficient and not based on suspicion.
She agreed with doctors' reports who found that Thuo's cause of death was hemorrhagic 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.
Thuo’s cause of death was strongly contested during the trial.
The prosecution’s theory was that he was poisoned but the convicts argued that he could have died because of other underlying conditions.
These conditions they said were high blood pressure and the amount of alcohol he had taken that night.
But trial Judge Rosley Korir dismissed their defence saying no evidence had been adduced to substantiate their theory.
She agreed with the prosecution that indeed Thuo was poisoned after they called in pathologists and produced toxicology reports that attested to this.
One of the witnesses by the name Dr Peter Ndegwa testified that Thuo bled in his stomach and intestinal walls.
It was his opinion that he died of poisoning after tests were conducted on his liver and kidney showing traces of poison.
He ruled out the cause of death to be cardiac arrest as had been alleged and produced reports showing his cardiac system was normal.
Thuo's blood was also screened for alcohol which showed she only took 1.5 litres. This the doctors said was not fatal to which the Judge agreed.
Thuo's liver had Cyhalothrine pesticide, the poison-laced in his drink that night.
Traces of this poison were also found on his shirt, his bottle and other bottles at the club.
From this evidence, the Judge said it was clear Thuo died as a result of the poison.
"I find the forensic evidence clearly shows Thuo consumed a poisoned laced drink at Porkies Club.
Other bottles at the scene with the poison was a diversionary tactic as no one else died of or complained of the drinks," said the Judge.
The poison the Judge said would take effect within 10 minutes.
This dismissed arguments relayed by the defence that Thuo might have taken the poison somewhere else.