Court acquits couple in triple murder case
David Macharia at a Nairobi court Wednesday after he was acquitted alongside two others, including his wife Teresia for the 2008 murder of Ms Lucy Kamaru Musembi and her two sons in Mangu village of Thika, Kiambu County. PHOTO | PAUL WAWERU
What you need to know:
- “This case was based purely on circumstantial evidence, with the only evidence linking the accused to the deceased being a recovered mobile phone. There is a missing link in the prosecution’s case. I enter a verdict of not guilty against the three,” Justice Ombija ruled.
- Masked gunmen broke into the house and shot Ms Musembi several times in the chest. Her sons were shot in the head and abdomen. The killers later took her mobile phone.
Mr David Macharia and Ms Teresia Mumbi Wanjiku’s marriage was cut short in 2008 over allegations they had killed a mother and her two sons.
Mr Macharia was locked up at the Industrial Area Prison, while his wife Wanjiku went to Lang’ata Women’s Prison.
They would only meet in court during their trial after which they bid each goodbye until the next hearing date.
But the couple walked to freedom Wednesday after six and a half years. Justice Nicholas Ombija acquitted them, alongside Mr Stephen Mburu, due to lack of evidence showing they killed Ms Lucy Musembi and her sons, George Musembi and Michael Musembi on May 13, 2008.
“This case was based purely on circumstantial evidence, with the only evidence linking the accused to the deceased being a recovered mobile phone. There is a missing link in the prosecution’s case. I enter a verdict of not guilty against the three,” Justice Ombija ruled.
“But there was no doubt Ms Musembi, a former police officer, and her sons were brutally murdered in their house in Mang’u, Thika town in Kiambu County,” he said.
Masked gunmen broke into the house and shot Ms Musembi several times in the chest. Her sons were shot in the head and abdomen. The killers later took her mobile phone.
“Their motive might have been to kill her because of a new vehicle she had just bought. All the witnesses could, however, not identify them as they were masked during the killings,” said Justice Ombija’s ruling. The only lead detectives had was the mobile phone which they traced and found being used by Mr Mburu.
He admitted he had just bought the phone from Mr Macharia. The two, plus Mr Macharia’s wife were arrested.
PHONES IDENTITY
“Recovery of the phone was not enough evidence since there are similar phones in the market,” said the judge.
“The deceased’s husband was not also positive about the phone’s identity, only saying it resembled that of his wife. Even if the accused persons committed the offence, it will be difficult to convict them based on that evidence.” Mr Macharia, 30, and his wife Wanjiku, 28, will now reunite with their eight-year-old child.
“Justice has been done. I knew nothing about the murder and did not understand why I was charged,” said an elated Mr Macharia, who was a mechanic.
I only remember the police coming to our house and when I asked what the problem was, they slapped me and arrested me,” said Ms Wanjiku.
