Six suspects charged with murdering former Kabete Member of Parliament George Muchai, his two bodyguards and driver 11 years ago have been convicted by a magistrate of robbery with violence.
The conviction of the six brings to an end 11 years of legal battles, with the suspects claiming innocence.
The trial judge on Wednesday and Thursday received defences from two of the suspects before adjourning the murder case to April 2026 for further hearing.
The judge acquitted three suspects over the murder of Muchai, then placed Eric Muyera Isambwa alias Chairman, Raphael Kimani Gachii alias Kim Butcher, Mustafa Kimani Anyoni alias Musto, and Stephen Astiva Lipopo alias Chokore on their defence for the murder of Muchai and three others on April 7, 2015.
Meanwhile, a seventh suspect, Simon Wambugu Gichamba, was freed of the violent robbery charge.
Those convicted by the Milimani Law Courts Chief Magistrate are Eric Muyera Isambwa alias Chairman, Raphael Kimani Gachii alias Kim Butcher, Mustafa Kimani Anyoni alias Musto, Stephen Astiva Lipopo alias Chokore, Jane Wanjiru Kamau alias Shiro and Margaret Njeri Wachiuri.
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.
Photo credit: File | Nation Media Group
The magistrate ruled that the prosecution had proven beyond a reasonable doubt that Isambwa, Gachii, Anyoni and Lipopo committed robberies on the night of April 7, 2015, before gunning down Mr Muchai, his two bodyguards, Samuel Kimathi Kailikia and Samuel Lekakeny Matanta, and his driver, Stephen Wambugu.
In a judgment that was read for five hours and covered over 3,000 pages, the magistrate said the prosecuting counsel, Willie Momanyi, presented testimony that linked the six suspects to the robberies and the eventual gunning down of the former lawmaker in cold blood.
“Having considered all the evidence tendered by the prosecution, the defence and the final submissions by Mr Momanyi, I convict the accused for the offences of robbery with violence and being in possession of firearms and ammunition without a licence from the Arms Registration Bureau,” ruled the Chief Magistrate.
The court observed that before the killing of Muchai and three others, Isambwa, Gachii, Anyoni and Lipopo had violently robbed Michael Ngatia Gibuto and his wife Gladys Waithera of assorted items and cash.
They had also robbed the wife of the former MP, Irene Muthoni Wambui, of a mobile phone and Sh600.
The court convicted Isambwa and Njeri for the offence of being in possession of a G3 rifle that had been stolen from a police officer during a violent robbery.
“When police raided the residence of Njeri at Kinoo in Kiambu County on February 13, 2015, they recovered a G3 rifle and seven rounds of ammunition,” the magistrate Lucas Onyina stated.
“Although Njeri in her defence denied seeing Isambwa on the night police raided her residence, what was Isambwa doing under her bed?” asked the magistrate.
The magistrate noted that testimony from over 30 witnesses pinned the six to the robbery with violence case and the killing of Muchai, who was executed with a high-velocity weapon.
Mr Momanyi had asked the magistrate to take judicial notice of the fact that Isambwa, Gachii, Anyoni and Lipopo have been put on their defence by Justice Kanyi Kimondo over the heinous and brutal murder of Muchai and three others.
Before placing them on their defence, Justice Kimondo ruled that the prosecution had established that there was sufficient evidence to warrant the court calling upon the accused to defend themselves.
The magistrate said Njeri had buried the G3 rifle at the door of her house, which the police believed had been used to commit several robberies, including the killing of the former Kabete MP and former COTU Deputy Secretary-General.
The court further convicted Gachii for being in possession of a Ceska pistol that had been stolen from Muchai’s bodyguard after they were bludgeoned.
The magistrate dismissed the defences advanced by the accused persons as “mere denials while the prosecution placed them at the scenes of crime.”
Revisiting the testimonies of the prosecution witnesses, the magistrate said the investigating officer, Inspector Moses Otiuti, presented a watertight case against each of the accused.
The court said the marauding gangsters had committed robberies and abductions before catching up with Muchai near the General Post Office (GPO), where he had slowed down to buy newspapers at around 3 am on April 7, 2015.
Forensic officers at the crime scene where Kabete MP George Muchai his two bodyguards and his driver were shot dead on Kenyatta Avenue on February 7, 2015. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP
The magistrate said the gangsters, who were trailing him, opened fire at close range and executed Muchai, his two bodyguards and driver.
“After the heavy shooting near GPO, Administration Police proceeded to the scene and saw four bodies trapped inside the MP’s high-end vehicle,” stated the court.
The magistrate said the APs called the Directorate of Criminal Investigations (DCI) officer at the Central Police Station and informed him of the shooting.
“Before police arrived, the wife of Muchai, who was driving a Mercedes-Benz together with her daughter, arrived at the scene and cried out: ‘At last they have shot my husband,’” stated the court.
Acquitting Gichamba, the magistrate said he was only linked to the offence by a phone given to him to charge.
“Gichamba exonerated himself from the heinous crime by telling the truth that his job was to charge cellphones and he was given a phone by Wanjiru to charge. His offence involved a phone stolen from Ngatia and his wife Gladys Waithera, both victims of the violent robbery,” ruled the magistrate.
The magistrate said the prosecution did not connect the accused to the violent incidents but only to the phone he was charging.
“This court finds that the prosecution did not prove the case against the seventh accused person (Gichamba) and I acquit him unless lawfully held,” ruled the court.
The crime scene where Kabete MP George Muchai, his two bodyguards and his driver were shot dead on February 7, 2015. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP
Soon after the acquittal, lawyer Prof Hassan Nandwa, who defended Gichamba, thanked the magistrate for exonerating the accused from blame.
“I will sue the state for maliciously prosecuting Simon Wambugu Gichamba for 11 years when police knew he had not committed any crime,” Prof Nandwa stated, adding, “It will be a class case for law reforms.”
The magistrate adjourned the case to March 18, 2026, when the lawyers and the convicts will tender their final submissions before sentencing.
