Three earn death penalty for killing former MP

Kenya: Three people have been sentenced to death for killing former Embakasi MP Melitus Mugabe Were seven years ago.

Judge Luka Kimaru found James Omondi alias Castro, Wycliffe Walimbwa Simiyu alias Zimbo and Paul Oman alias Baba guilty of murdering the MP in 2008, barely a month after being elected to Parliament on an Orange Democratic Movement (ODM) ticket.

The judge, however, acquitted a fourth accused Mary Wamaitha, arguing that there was no evidence connecting her to the murder of the first time MP as she had only been found in the house of Oman.

In his verdict, the judge said that the prosecution had proved beyond any reasonable doubt that the three had been involved in the murder of the MP through blood samples, DNA results and fingerprints.

The judge added that all the evidence adduced in court had directly linked the suspects to 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.

He added that it was clear that the jacket and shirt worn by Castro was found to have blood stains, which indicated that he had come into close contact with slain MP.

Justice Kimaru added that the fingerprints of the accused matched the ones found on the vehicle that was being driven by the MP on the fateful night, which was clear evidence that the three were in close proximity.

"The fingerprints 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 the judge.

He said the attack on the former MP was meant to be a robbery incident but it turned fatal.

"Two pistols and eight ammunitions 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.

"I have analysed the evidence and the accused persons' decision not to seek for leniency from the court and I sentence the three to death as prescribed in law," Kimaru ruled.

The MP was killed outside his Woodley Estate home in January 2008.

Since the suspects were charged in court, several judges have handled the case. They are Justices Jessie Lessit, Nicholas Ombija Fred Ochieng and Justice (Rtd) Onesmus Mutungi.