Suspect in George Thuo's murder case denied bail

Lawyer Cliff Ombeta (right) converses with Paul Wainaina, alias Boiyo, (centre) and Christopher Lumbasio Andika, alias Lumba, before the hearing of a case on September 22, 2014 in which they and four others are accused of murdering former Juja MP George Thuo at Porkes Garden Restaurant in Thika Town. PHOTO | PAUL WAWERU | NATION MEDIA GROUP

A prime suspect in the murder of former Juja MP George Thuo has lost a third attempt to secure bail pending his trial.

Mr Paul Wainaina, alias Boiyo, was overruled on Monday before a trial court in which he had made a fresh request to be released on bond due to his “failing health”.

However, presiding Judge Roselyn Korir hinted that she may relax the stance once key witnesses — who were Mr Wainaina’s employees at the Thika-based Porkies Bar, where the politician was allegedly poisoned — testify on Tuesday.

The first request for bond was rejected on March 20 while the second one met the same fate on June 26 after he sought a review of the ruling.

“This court was informed that there existed compelling reasons to deny bail... the arguments then are similar and submissions identical but for the additional health reasons which are medical grounds and are merited... I find nothing new and reject the new application,” the judge ruled.

She cited an affidavit submitted by the prosecution to the effect that Mr Wainaina was likely to interfere with potential witnesses, who were his employees, but he is at liberty to renew his quest for bail as soon as the witnesses testify.

DENY CHARGES

Mr Wainaina is held alongside Mr Christopher Lumbazio Andika, Mr Andrew Karanja Wainaina, Mr Samuel Kuria Ngugi, alias Visi, Ms Esther Ndinda Mulinge and Ms Ruth Watahi, alias Atlanta.

They were arrested on January 3, 2014, after investigations revealed that Mr Thuo swallowed a highly toxic chemical believed to have been mixed with his drink.

The suspects have denied a charge that states that they jointly murdered the former MP on the night of November 17, 2013 “with others not before court.”

The trial, which had a two-day marathon hearing, was scheduled to begin Monday but was rescheduled to begin Tuesday.

The prosecution on Monday said it has six witnesses, including a medical doctor, for the hearing. It has urged the court, through state counsel Catherine Mwaniki, to uphold its earlier stance on bond, on the grounds that the crime scene was interfered with before investigators arrived for dusting.

MURDER SCENE 'CLEANED UP'

Ms Mwaniki said there was a likelihood of a cover-up since the crime scene was found to have been allegedly cleaned up after the politician collapsed and died while having drinks in the company of the suspects.

The suspects include a disk jockey, a bouncer, Mr Thuo’s chief campaigner, a waitress and a woman said to have bought the politician his last drink.

The defence team, led by lawyer Cliff Ombeta, on Monday demanded a list of the key witnesses in preparation for the hearing and a fresh attempt at bail.

“The compelling reasons for denial of bond still remain until key prosecution witnesses have testified...we will be renewing our application as it is the accused persons' constitutional right to freedom, the presumption of innocence till proven otherwise notwithstanding,” Mr Ombeta told reporters outside the court room.