Former Kabete MP George Muchai was killed by gangsters using a high-velocity weapon, government pathologist Johansen Oduor has told a judge trying seven suspects for the cold-blooded murder of the politician.
Dr Oduor, who is the 35th prosecution witness, on Wednesday informed Justice Kanyi Kimondo that the weapon used by the killers was either a G-3 rifle or an AK-47 rifle.
The pathologist told the judge that on examining the bodies of Muchai, his two bodyguards Samuel Kailikia and Samuel Matanta and his driver Stephen Wambugu, he noticed gaping wounds that were inflicted by a powerful weapon.
“From the heavily injured bodies, it was evident that they were rapidly shot such that the bodyguards could not return fire,” Dr Oduor told Judge Kimondo.
He said the head of Muchai’s bodyguard, who was seated right behind the driver, had been “blown on one side”.
The judge heard the attackers shot the driver in the chest and the bullet fragments were lodged at the back below the neck.
The country’s top pathologist said he counted five bullet entry wounds and two exit wounds from the four bodies.
Muchai, his bodyguards Kailikia and Matanta plus his driver Wambugu were shot and killed in the wee hours of February 7, 2015, along Kenyatta Avenue, in Nairobi.
The pathologist who produced postmortem reports as evidence in the case that has been pending for nine years now told the judge that he could not tell whether the deceased were intoxicated.
Dr Oduor’s testimony corroborated that of the investigating officer Sergeant Moses Otiu Opiyo who told Justice Kimondo on April 12, 2023 that Muchai, a former Central Organisation of Trade Unions (Cotu) deputy secretary-general, his two bodyguards and personal driver were shot dead in open range using a G3 rifle.
Sgt Opiyo told the judge that the deceased were pumped with bullets by a marksman gangster he identified in court as Eric Isabwa, alias Chairman.
Sgt Opiyo said police recovered the stolen G3 riffle and a Ceska Pistol stolen from Muchai’s body guard PC Lekakeny at the residences of Isambwa, his wife Margaret Njeri Waciuri and Raphael Kimani who are jointly with murdering Muchai opposite the General Post Office (GPO) on February 7, 2015.
Dr Oduor was testifying in a case where Isambwa, his wife Njeri, Kimani, Jane Wanjiru Kamau alias Ciru, Simon Wambugu Gachamba, Stephen Lipapa and Mustafa Maina Wanyonyi, Sgt Opiyo are charged with murdering the former lawmaker.
Meanwhile, Justice Alexander Muteti has stopped Milimani Chief Magistrate Lucas Onyina from delivering a judgment in which all the seven accused persons have been charged with robbery with violence.
Mr Onyina was served on Tuesday with the stay order pending the hearing and determination of an application by the accused challenging the legality of the charges.
“There are no valid charges against the accused which warrant them to be placed on their defence,” lawyer Stephen Ongaro told Justice Muteti.
Mr Ongaro submitted that the accused are charged with violently robbing the deceased contrary to Section 296(2) of the Criminal Procedure Code (CPC).
Mr Ongaro asked the judge to quash the robbery with violence charges coached under Section 296 (2) as they are not offences.
“I urge this court to find that no offences have been committed by the accused since they have not been charged under Sections 295 and 296(1) of the CPC which prescribe the offence,” Mr Ongaro submitted.
Pending delivery of the substantive ruling on November 11, 2024, Justice Muteti prohibited Mr Onyina from delivering the judgement in the robbery with violence case against the accused.
They were remanded in prison custody until February 17 and 18 2025 when the murder trial shall resume.
