Six individuals convicted of the murder of former Juja MP George Thuo got reprieve after the Court of appeal granted them bail pending the hearing and determination of their appeals.
The six Christopher Lumbazio Andika alias Lumba, Samuel Kuria Ngugi alias Visi, Esther Ndinda Mulinge, Ruth Watahi Irungu alias Atlanta, Paul Wainaina Boiyo alias Sheki, and Andrew Karanja Wainaina had been sentenced to 15 years in prison by the High Court on April 19, 2024.
Justices Jamila Mohammed, Francis Tuiyott, and Pauline Nyamweya allowed their application for bail saying their appeals had a high chance of success.
The appellate judges agreed that exceptional circumstances had been demonstrated noting that the convictions were founded on four distinct and conflicting theories.
The court said there was no direct evidence linked the convicts to the poisoning and the court failed to establish a common intention among the accused.
“The pre-sentence reports were largely favorable and the applicants had complied with bond terms during the 10-year trial,” the court noted.
The judges concluded that the appeals raised serious legal questions with a likelihood of success and that denying bail under such circumstances would be unjust.
In their case, the six had challenged the conviction on grounds that it was based purely on circumstantial evidence.
Their lawyers argued that there was no direct evidence linking them to the alleged poisoning of Thuo, who died after consuming a drink at a popular joint in Thika.
The court was told that various alternative theories on how the poisoning occurred were floated during trial, but none were conclusively proven.
In particular, they questioned the credibility of the evidence and alleged that the prosecution failed to establish a common intention to kill the deceased.
They also argued that by the time the appeals are heard, they may have served a significant portion of their sentences, rendering their appeals nugatory.
Interestingly, the DPP conceded to the bail application saying they were not opposing the bail applications.
Senior Assistant Director of Public Prosecutions Omondi acknowledged that the convictions were based on multiple, contradictory theories and lacked solid evidence.
He conceded that the intended appeals raised substantial and weighty legal issues.
The judges released them each on a Sh 1 Million bond with one surety of similar amount.
The ruling allows the appellants to remain out of custody as they await the hearing of their appeals.
