The owner of Porkies Club in Thika Paul Boiyo alias Sheki and five others are guilty of the murder of former Juja MP George Thuo, the High Court ruled.
Judge Roselyne Korir on Friday, April 19, 2024, convicted Boiyo together with Thuo’s aide Christopher Andika alias Lumba, DJs Andrew Wainaina, Samuel Ngugi alias Visi, waiter Esther Mulinge and patron Ruth Irungu alias Atlanta after finding them guilty of killing former lawmaker at Porkies bar in Thika town on November 17, 2013, through poison known as Cyhalothrine pesticide.
"The poison (Cyhalothrine pesticide) would lead to death in five to 10 minutes once ingested into the body," the judge noted.
Justice Korir said that the poison which killed Thuo was traced in his liver, kidney and the shirt he wore on the fateful day.
In her judgement, Justice Korir stated that the Prosecution proved its case beyond reasonable doubt that the six accused persons had a hand in the murder of Thuo.
"I find the evidence clearly shows Thuo consumed a poison-laced drink at Porkies Club," the Judge said, adding that the evidence presented by the State was not based on suspicion as claimed by the accused person.
As per the postmortem report tabled in court by Andrew Gachii, a consultant pathologist and forensic specialist, Justice Korir noted that Thuo's cause of death was haemorrhagic gastroenteritis due to poisoning.
While convicting them, the judge stated that although the prosecution evidence did not show any of the accused had the poison, that alone would not exonerate them if there was any circumstantial evidence linking them to the murder.
"Poison is a chemical weapon. I reject the submission that they would be acquitted if they are not found in possession of the poison," she said.
"I have considered the prosecution case and I'm satisfied that accused persons number 1,2,3,4,5,6 are guilty of the charge of murder under section 306 of the Criminal Procedure Code (CPC)," Judge Korir ruled.
In her decision, the judge also relied on bottles that were recovered at the scene of the crime as some of the state witnesses indicated that Thuo took only three beers of Tusker while some claim he took 25 bottles.
Investigating officer Chief Inspector Maxwell Otieno during his testimony told the court that Thuo was poisoned through drinks at the Pokies bar in Thika town.
Otieno told Justice Korir that he took the bottles of Tusker and the clothes which Thuo was wearing to the Government Chemistry where the result revealed that he was poisoned.
He said that government Pathologist Peter Ndegwa who conducted a postmortem on Thuo informed him that the deceased was poisoned and that he died due to excessive bleeding.
The officer told the court he interviewed all the accused persons in the case and found that from their own statements, there was a possibility that they took part in the poisoning.
He said that Thuo was served with three bottles of beer at the bar according to their investigations.
"My Lady all accused persons were arrested and arraigned before court charged with the murder of Thuo after the Director of Public Prosecutions recommended their prosecution," Chief Inspector Otieno said.
Witnesses including Thuo's widow also testified in the murder trial.
The judge ordered the six convicts be detained at remand pending mitigation and sentencing on May 3, 2024.
