A bar proprietor and his five employees charged with the murder of former Juja MP George Thuo 10 years ago, have a case to answer, the High Court ruled yesterday.
They are alleged to have killed Thuo on November 17, 2013.
The six are Paul Wainaina Boiyo, alias Sheki, of Porkies Club, and his employees Christine Lumbazio Andika, alias Lumba, Andrew Karanja Wainaina, Samwel Kuria alias Visi, Esther Ndinda Mulinge and Ruth Watahi Irungu, alias Atlanta.
In her ruling, Justice Roselyn Korir said the prosecution had established a prima facie case against the six.
The judge said she had considered the prosecution’s case based on witnesses, evidence and exhibits produced in court.
“After analysing the evidence, I have found out that the prosecution has established a prima facie case against the accused persons to warrant this court to place them on their defence,” she ruled.
Defence lawyer Cliff Ombeta said his clients would give sworn evidence in their defence. The prosecution called 30 witnesses to testify. The case will come up on February 14 for a defence hearing.
Last year, Boiyo asked the court to acquit him for lack of evidence. Through lawyer John Khaminwa, Boiyo and others said the Director of Public Prosecutions had failed to establish that they had a motive to poison Thuo.
In his final submissions, Khaminwa said Thuo was a regular and respected customer at the club. “No motive to poison him has been established by the DPP. No evidence to demonstrate the link between the accused and the death of the deceased,” said Khaminwa.
