Prosecution fails to show up for George Thuo’s case again

NAIROBI: The hearing of a case against six people accused of killing former Juja MP George Thuo Thursday  failed to start after the prosecution failed to show up for the second time.

Defence lawyers John Khaminwa and Cliff Ombeta protested that the Director of Public Prosecutions' office has been changing prosecutors handling the case, until none has shown up for two sittings, forcing the court to adjourn.

The matter was scheduled for hearing on three consecutive days beginning Wednesday but the court was Thursday forced to adjourn until November 9 for lack of a prosecutor.

"Is it that the prosecution has developed cold feet over this matter? Then they should terminate the case once and for all," Mr Khaminwa said.

The accused are Paul Wainaina Boiyo, the proprietor of Porkies bar where Thuo collapsed and died on November 17, 2013, Christopher Lumbazio Andika, DJs Andrew Karanja Wainaina and Samuel Kuria Ngugi, Esther Ndinda Mulinge, a waitress and club patron Ruth Watahi Irungu.

The six have since denied the charges and were released on a Sh1 million bond. The prosecution had indicated it intended to call five more witnesses to testify in the case but the prosecutor handling the matter was said to be out of town.

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Mr Ombeta told trial judge Roselyn Korir that there is mischief and delaying tactics in the manner the prosecution was handling the case, adding that so far three prosecutors have presided over the case.

"A matter of this nature cannot be belittled as the accused persons' rights are also at stake once the prosecution does not show up for the hearing of the case," Ombeta said. Justice Korir warned against further delay of the proceedings and directed the prosecution to expedite the case.