George Thuo death suspects stay locked up

Mr Paul Wainaina, (right) the owner of Porkies bar in Thika town where former Juja MP George Thuo collapsed and died. With him in a Nairobi court on March 20, 2014 are (from left) co-accused Mr Samuel Kuria, Mr Andrew Karanja and Mr Christopher Lumbazio. PHOTO | PAUL WAWERU

What you need to know:

  • Lady Justice Florence Muchemi said the bar owner and manager were “well placed to influence the witnesses” as they were their employees at Porkies bar in Thika
  • Defence lawyer Evans Nyasani said he would appeal

A court has ordered that the owner of a bar where former Juja MP George Thuo collapsed and died be kept in custody to avoid witness intimidation.

Mr Paul Wainaina, who is facing a murder charge together with Mr Christopher Lumbazio, Mr Andrew Karanja, Mr Samuel Ngugi Kuria, Ms Esther Mulinge and Ms Ruth Watahi on Thursday failed to convince a judge to release them on bail after the prosecution said they were likely to interfere with witnesses.

“The close nexus between the accused and the witnesses raises a real probability of witness interference...the first accused is the owner of the bar and an employer of the witnesses, the second is the manager, while the third and fourth are colleagues of the witnesses. The fifth and sixth were regular patrons,” Lady Justice Florence Muchemi said.

She said the bar owner and manager were “well placed to influence the witnesses” as they were their employees at Porkies bar in Thika.

The judge said an affidavit by the investigating officer indicated there had been some tampering with the crime scene “as investigators found it swept after the incident.”

“This was a serious attempt to suppress evidence,” she said.

The judge said she had carefully considered her decision before denying the suspects bond but allowed them to appeal against it.

Lady Justice Muchemi, however, dismissed three other apprehensions by the prosecution, saying they were far-fetched.

She said the prosecution failed to prove that the public may harm the suspects in revenge for Mr Thuo’s death as he was a prominent personality.

“They remain mere suspects until proven otherwise,” she said.

She also dismissed the prosecution’s fears that the suspects may flee. “If they are innocent as they claim, there is no doubt that they will be eager to prove this by attending the trial,” the judge said.

On the circumstantial evidence the prosecution said it would rely on to link the suspects to the murder, Lady Justice Muchemi said it was “premature to go into evidence as the same will be tested during the trial.”

Defence lawyer Evans Nyasani said he would appeal.

He asked for an earlier hearing than October 27, saying his clients had suffered enough in custody. He will get a response on Wednesday.