Four sentenced to death in George Muchai murder case

Four individuals convicted in a robbery with violence case linked to the 2015 killing of former Kabete MP George Muchai have been sentenced to death, while two others received 10-year jail terms.

Chief Magistrate Lucas Onyina delivered the sentencing on Thursday after finding six accused persons guilty on various counts, including robbery with violence and unlawful possession of firearms and ammunition.

The four sentenced to death are Erick Munyera, Raphael Kimani, Mustafa Kimani and Stephen Asitiva.

In his sentencing, Magistrate Onyina said the court had considered submissions by defence counsels and the Director of Public Prosecutions (DPP), mitigation pleas by the convicts, pre-sentencing reports and the period they had spent in custody since their arrest.

“I have taken into account the submissions made by counsels for the accused persons and the DPP. The court is unable to interfere with the position on the death sentence as provided by law,” Magistrate Onyina ruled.

The court noted that all the convicts pleaded for leniency and that the prosecution had not proved any previous convictions against them, meaning they were treated as first offenders.

The time spent in custody during trial was also taken into account.

Magistrate Onyina further observed that victims were abducted during the robberies, making the offences grave and serious.

"While the first, second, third, and fourth convicts have mitigated remorse, the offences are very serious, and the victims also deserve justice. The offences were committed with utmost impunity, armed with rifles previously robbed from a police officer," the magistrate said.

In sentencing the four to death, the magistrate noted that execution of sentences on the other counts was held in abeyance, as the death sentence on count one rendered the remaining sentences legally redundant.

On additional counts of unlawful possession of firearms and ammunition, Jane Wanjiru and Margaret Njeri were each sentenced to 10 years' imprisonment.

The sentences will run from the time they were first remanded in custody.

The court also ordered that firearms and ammunition produced as exhibits be forfeited to the State, but the order will take effect only after conclusion of an ongoing High Court murder trial involving four of the accused persons.

The convicts were informed of their right to appeal within 14 days if dissatisfied with the conviction or sentence.

The six — Erick Munyera, Raphael Kimani, Mustafa Kimani, Stephen Asitiva, Jane Wanjiru and Margaret Njeri — were convicted over robberies committed on the nights of February 6 and 7, 2015, in which victims were robbed of property worth about Sh1.1 million, including motor vehicles, phones, a laptop, a gas cylinder and cash.

The prosecution called 36 witnesses to link the accused to the crimes.

The case is linked to the 2015 killing of former Kabete MP George Muchai, his two police bodyguards, Constable Samuel Kimathi and Constable Samuel Lekakeny, and driver Stephen Ituu Wambugu along Kenyatta Avenue.

In a related High Court case, Justice Kanyi Kimondo previously ruled that the prosecution had established a prima facie case against Munyera, Raphael Kimani, Mustafa Kimani and Asitiva, who are currently facing an ongoing murder trial over Muchai’s killing.