Priest found guilty of killing his bishop

Fr Guyo Waqo Malley in court during past proceedings. FILE PHOTO | ANTHONY OMUYA |

What you need to know:

  • Mr Justice Fred Ochieng acquitted Mr Roba Balla Bariche.
  • The judge said Fr Guyo Waqo Malley played a key role in the elimination of the bishop.

Five men, including a Catholic priest, will be sentenced on Thursday after being found guilty of killing Bishop Luigi Locati nine years ago.

High Court judge Fred Ochieng on Tuesday ruled that Fr Guyo Waqo Malley, Mohammed Molu Bagajo, Adan Ibrahim Mohammed, Mahati Ali Halake and Diqa Wario Mohammed were guilty of conspiring and executing the killing of the Italian Catholic bishop in the Isiolo diocese he founded four decades ago.

Mr Justice Ochieng acquitted Mr Roba Balla Bariche. He said Mr Bariche was not involved in the plot despite the fact that the gun used in the crime had been obtained from him.

The judge said Mr Bariche had been given Sh3,000 by Fr Guyo who informed him that the gun was to be used to hunt ostriches.

Mr Justice Ochieng pointed out that Mr Bariche had been handed the cash to keep silent about the gun but at the same time, admonished him for lying about his ear problem.

Mr Bariche has a hearing problem but had told the court that it was as a result of police torture.

“It is difficult to believe Bariche but it is clear he was not at the scene of the crime on the fateful night. It is because of this that I am persuaded he was not involved in the actual killing of the bishop,” the judge said.

PLAYED A KEY ROLE

The judge said Fr Guyo played a key role in the elimination of the bishop by providing Sh50,000 to finance the plan and acquisition of the G3 rifle as well as ferrying the other four men to the bishop’s residence.

Fr Guyo told the court that the Sh42,000 he withdrew from a bank was meant for desks for a school.

Bagajo was found guilty of taking part in the planning meeting, receiving money meant to be payment for the execution, carrying a rungu and confronting the security guard at the bishop’s residence.

The judge said Adan was recruited to the plan, took part in the acquisition of the rifle, was armed with a pistol and accosted the guard and the bishop.

Halake, the court said, took part in the planning, acquisition of the gun, received payment, accompanied Fr Guyo to his house to deliver the gun and was present at the time of the shooting.

Mr Wario was the link between Fr Guyo and the rest as he received payment from him twice and distributed the money to the others besides communicating the plan.

He is believed to have fired a shot from the rifle though it was not established if it is his shot that killed the bishop.

“It doesn’t matter if your shot was the one that caused the death of the bishop. It is enough that you acted in consent even if you hit the watchman and not him. You helped in the crime and you are guilty,” said the judge.

He said he had no doubt that the death was caused by people who intended it to happen since the prosecution had established there was malice.