BY SAM ALFAN.
Three people have been sentenced to death after they were found guilty of killing the late Embakasi Member of Parliament Mugabe Were.
A woman Ms Mary Wamaitha who was charged alongside the three men however escaped the hangman noose after Justice Luka Kimaru ruled that there were no sufficient grounds to proof that she participated in the killing of
the first time MP.
The judge ruled that the prosecution had proved that James Omondi, Wycliffe Simiyu and Paul Otieno killed Mr Were on January 29, 2008.
“Having analysed the evidence and the accused person’s decision not to ask for mercy, I sentence them to death as prescribed in law,” the Judge ruled.
Heavy police presence inside and outside the court characterized a close to the long proceedings spanning six years that has seen investigators strive to proof their case against four persons they
linked the murder of late Embakasi member of Parliament Mugabe Were to.
Justice Luka Kimaru finally brought the curtains down to the case by pronouncing a death sentence as a consequence to the three men James Omondi, Wycliffe Simiyu and Paul Otieno after finding them
culpable of killing Mugabe Were in early 2008
The fourth accused Mary Muthoni Wamaitha was let off the hook after it emerged that there was no evidence linking her to the cold-blood murder.
In his ruling, Kimaru applauded police officers who investigated the killings saying that they were highly professional and experienced.
Mugabe’s widow Agnes Wairimu said that she can now rest easy after years of court journeys now that justice has prevailed.
The judge added that all the evidence adduced in court had directly linked the suspects the fatal shooting of the MP. “The evidence of ballistic experts established that the spent ammunition recovered at the scene of the crime came from one of the pistol recovered from the Oman’s house,” said the judge.
Justice Kimaru further added that it was clear that the jacket and shirt worn by then Castro was found to have blood stains belonging to the deceased which indicated that he had come into close contact with slain MP.
Learned Kimaru added that the finger prints of the accused matched the ones found on the vehicle that was being driven by the MP on the fateful night which was a clear the three were in close proximity. “The finger prints found on the Mercedes Benz the former MP was driving on that day belonged to Castro the DNA results proved that the blood found on Castro’s jacket belonged to the slain leader.It is clear to me that the three participated in the shooting,” said justice Kimaru.
He observed that the attack on the former MP was meant to be a robbery incident where the suspects involved intended to rob but it went wrong.
“Two pistols and eights ammunition were recovered at the house of Oman and evidence before court also connects Castro to the killing,” he said.
The court ruled that the prosecution had established beyond any reasonable doubt that the four attacked Mugabe with the intention of robbing him and in the course of the robbery shot him.
Several judges of criminal division have handled the case since the three accused were charged
Among them are Lady Justice Jessie Lessit, Nicholas Ombija Fred Ochieng and Justice (Rtd) Onesmus Mutungi.