Ex-MP Muchai murder: Suspects ask CJ Koome to delay Justice Momanyi's retirement
From left: Stephen Astiva, Mustafa Kimani, Raphael Kimani and Erick Isabwa in a Nairobi court where they were charged alongside three others with the murder of former Kabete MP George Muchai, his driver and two bodyguards.
Four of the seven suspects charged with the murder of former Kabete Member of Parliament George Muchai have petitioned Chief Justice Martha Koome to extend by three months the retirement date of the trial judge to enable him to finalise their case.
Justice Momanyi Bwonwong’a is expected to retire on March 1, 2023, after attaining the mandatory retirement age of 70.
The accused, in the first litigation of its kind, say that they have been in custody for eight years and should Justice Bwonwong’a retire before he determines their fate, they might be incarcerated for a longer period.
Through lawyer Stephen Ongaro, the suspects have urged CJ Koome to invoke Article 50 (2) (e) (l) & (4) of the Constitution which requires that a trial be concluded without undue delay, evidence be challenged by suspects and exclusion of evidence obtained in a manner that violates the rights and fundamental freedoms of suspects under the Bill of Rights.
The four suspects Eric Isabwa, Raphael Kimani, Mustapha Kimani and Stephen Astiva were charged alongside Jane Wanjiru, Margaret Njeri and Simon Wambugu for murdering Mr Muchai, his driver Stephen Wambugu and two bodyguards Samuel Lekakeny and Samuel Kimathi on February 7, 2015, in Nairobi.
The four were shot dead opposite Nyayo House in Nairobi at 3 am.
The seven, who were also charged with violently robbing the deceased of assorted items before a magistrates court, have pleaded with the CJ to allow Justice Bwonwong’a to exit the bench after determining the case that has been pending in court since 2015.
In the petition, Mr Ongaro says should the case be heard by another judge after the exit of Justice Bwonwong’a, it will take a longer period to be concluded and this will amount to a violation of the suspects’ rights.
When they appeared before him last December 2022, the judge announced that he was winding up his cases since he will be proceeding to his retirement.
Under the 2010 Constitution, all the judges retire upon attaining the age of 70.
Justice Bwonwong’a fixed February 15 as the last trial date of the Muchai case.
“We shall not have finished hearing the case by February 15, 2023, when Justice Bwonwong’a exits the bench,” Mr Ongaro told Nation.Africa.
While testifying in court, Administration Police Sergeant Saverio Mugo said the killing of the MP and the three others by a gunman took less than a minute.
Sgt Mugo, who was the first police officer to go to the scene of the crime, said he heard gunshots while he was on night duty at Nyayo House at the time of the incident.
When he arrived at the scene he saw the late MP’s car had gunshots and there was a second saloon car parked behind it.
