Seven accused persons in Late MP George Muchai’s murder case on Thursday pleaded with the court to allow them defend themselves which is a turnaround from their earlier decision where they had declined the offer of defense trial.
The seven had declined to give their evidence to exonerate themselves from the charges facing them saying that the charge sheet was fatally defective and that the robbery with violence with which they were charged was not known in Law.
The seven include Erick Muyera Isabwa alias Chairman, Raphael Kimani alias Butcher, Mustafa Kimani alias Musto, Stephen Asitiva Lipapo alias Chokori, Jane Wanjiru Kimani alias Shiro, Margaret Njeri alias Waciuri, and Simon Wambugu Gichamba.
The court had declined to acquit them of the charge because of the alleged defective charge sheet and ordered the matter to proceed.
They are all charged with robbery with violence and murder of Muchai and his aides which occurred in February 2015.
The accused had moved to the High Court seeking refuge to have the robbery with violence case trial before Chief Magistrate Lucas Onyina stayed but their request was declined and the file forwarded back to the Magistrate for the case to proceed to its logical conclusion.
This had prompted the seven to seek favour with Magistrate Onyina pleading with him to allow them another opportunity to prove their innocence.
The first accused Erick Muyera Isabwa told the Court that he is confident enough that if the court gives him an opportunity to defend himself, he would shed light to the court and prove that he did not commit the offence he is charged with.
“I am confident enough that if this court gives me an opportunity to defend myself, I will shed light to this court and prove that I did not commit the offence am charged with.” Eric said.
Through lawyer Stephen Ongaro the accused argued that Justice must not only be done but must be seen to be done and that the charge sheet upon which the accused persons are being held in custody is fatally defective and unconstitutional.
“None of the accused persons is guilty, none of them committed the offences they are facing, I saw injustice on my face, I could not stand injustice and my effort to ensure the injustice does not prevail was thwarted by the court, give me a chance to attack the evidence produced by the prosecution, ” Ongaro said.
The defense also maintained that they have submissions heavy enough to acquit all the accused persons.
The Court allowed the application to reopen the defense hearing and the case will proceed tomorrow, January 17, 2025.
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