Luther12
Elder Lister
The Trial
On 17 February 2000, police charge 12 people, before Justice Msagha Mbogholi, with the murder of Lawrence Githinji Magondu.
The twelve are Wilson Gachanja, his wife, Elizabeth Gitiri Gachanja, Francis Karioko Muruatetu, Rose Njoki Muruatetu, Wilson Thirimbu Mwangi, Annah Ngonyo, David Karuga, Stephen Wambua, Stephen Kagia, Agnes Gicharu, Stephen Kanyoro, and Ernest Munyi.
The charge sheet reads: "On 4 February 2000, in Kitengela Reserve in Kajiado District within the Rift Valley Province, you jointly murdered Lawrence Githinji Magondu."
The prosecution believes a hitman was paid to kill Magondu and concludes that Wilson Thirimbu Mwangi is the hitman. It suspects that Wilson and Elizabeth Gachanja are the financiers and thinks that Francis Karioko Muruatetu and Rose Njoki Muruatetu are the intermediaries between the Gachanjas and Thirimbu. The rest of the accused played different roles in the series of events that culminated in Magondu's murder.
Wilson Gachanja admits Magondu was his friend but denies any involvement in his execution.
Elizabeth Gitiri Gachanja admits giving money to her two brothers in January 2000. She says they were having financial problems, so she assisted them. One's house was about to be auctioned, and the other's business was struggling. On 26 January 2006, she took both to her bank, withdrew Kshs. 1M from her children's account without informing her husband and gave it to them. They were to refund the money before her husband found out. She says her sister, Rose Njoki Muruatetu, was her business associate, so she often sent her to the bank to withdraw money. In January 2000, she sent Rose to cash cheques worth 600,000 to expand her business.
Francis Karioko Muruatetu says he did not know Lawrence Githinji Magondu (although, on cross-examination, he admits going to console the family at his Buruburu home after his death). He says his sister, Elizabeth Gitiri Gachanja, occasionally helps him with money for school fees. He denounces the contents of an earlier statement in which he had stated that she, through Rose Njoki Muruatetu, had given him money to eliminate Magondu. He says he did not know Wilson Thirimbu Mwangi and only met him at Kamiti prison after his arrest. However, the prosecutor shows him a printout of phone numbers he called on 4 February 2000, and he admits having called Thirimbu's number seven times on 4 February 2000. He denies buying a mobile phone for Thirimbu.
Rose Muruatetu says she manages two businesses, a restaurant and a salon, for her sister, Elizabeth Gitiri Gachanja. She says that on 26 January 2000, she, Elizabeth and their two brothers went to Barclays Bank Hurlingham, where Elizabeth withdrew Kshs. 1M from her children's accounts and gave it to her brothers. She also says that in January, Elizabeth gave her Kshs. 600K for expanding the restaurant and salon businesses. She says that on 10 February, she was arrested, together with her brother, Francis Karioko Muruatetu. She says the party held in her house on 6 February was not celebrating Magondu's murder but a birthday party for one of her children.
Wilson Thirimbu Mwangi says he had known Lawrence Githinji Magondu for four years, as both Magondu and he traded in gemstones. On 2 February, Magondu went to his office and asked him to find a market for some gemstones he was selling. On 4 February, he spent the whole day in his office, but Magondu called him several times to find out if he had found a buyer for the gemstones. In the evening, he went to Private Tours and Safaris to surrender a car he had hired. Up to 8 February, when police arrested him, he did not know Magondu was dead.
Anne Ngonyo renounces her earlier statement in which she said Thirimbu had hired her to lure Magondu to Kitengela. She says that until her arrest on 9 February, she was a second-hand clothes dealer. On 4 February, she spent the whole day in the city centre chasing payments from her customers.
Karuga recants his earlier statement in which he admitted to having been at the scene of Magondu's murder. He says police tortured him and forced him to sign the statement.
Wambua says he did not know Magondu, and he did not participate in his murder.
Kagia admits that the police took away a blood-stained T-shirt from his house but explained it was his blood. He had bled after a woman bit him at a bar in Kangemi.
Justice Msagha Mbogoli acquits Wilson Gachanja, Agnes Gicharu, Stephen Kanyoro, and Ernest Munyi for lack of evidence at the end of the trial. He finds the others guilty.
"Whoever plans and executes a scheme to end the life of another human being writes his or her own judgment," Justice Mbogholi says. "I have come to the irresistible conclusion that Elizabeth Gitiri Gachanja, Francis Karioko Muruatetu, Rose Njoki Muruatetu, Wilson Thirimbu Mwangi, Annah Ngonyo, David Karuga, Stephen Wambua, and Stephen Kagia (alias Blackie) are guilty of the offence as charged and stand convicted accordingly."
Annah Ngonyo is pregnant at the time of sentencing, so she is sentenced to life imprisonment. The rest get the death sentence.
In convicting Thirimbu, Ngonyo, Karuga, Wambua, and Kagia, the judge says the prosecution had proved that the five were with Magondu in Kitengela on 4 February 2000 and that Thirimbu, Ngonyo, Karuga, and Kagia were the last four people seen with him before he died. He says King'ori's testimony matches the contents of statements they made to police after the murder but later retracted.
The judge says the evidence presented in court points out that Francis Karioko Muruatetu and Rose Njoki Muruatu were the architects of Magondu's murder, and Elizabeth Gitiri Gachanja financed it. Elizabeth, the judge says, "cunningly provided the funds and sat behind the curtains for others to execute the mission."
On 17 February 2000, police charge 12 people, before Justice Msagha Mbogholi, with the murder of Lawrence Githinji Magondu.
The twelve are Wilson Gachanja, his wife, Elizabeth Gitiri Gachanja, Francis Karioko Muruatetu, Rose Njoki Muruatetu, Wilson Thirimbu Mwangi, Annah Ngonyo, David Karuga, Stephen Wambua, Stephen Kagia, Agnes Gicharu, Stephen Kanyoro, and Ernest Munyi.
The charge sheet reads: "On 4 February 2000, in Kitengela Reserve in Kajiado District within the Rift Valley Province, you jointly murdered Lawrence Githinji Magondu."
The prosecution believes a hitman was paid to kill Magondu and concludes that Wilson Thirimbu Mwangi is the hitman. It suspects that Wilson and Elizabeth Gachanja are the financiers and thinks that Francis Karioko Muruatetu and Rose Njoki Muruatetu are the intermediaries between the Gachanjas and Thirimbu. The rest of the accused played different roles in the series of events that culminated in Magondu's murder.
Wilson Gachanja admits Magondu was his friend but denies any involvement in his execution.
Elizabeth Gitiri Gachanja admits giving money to her two brothers in January 2000. She says they were having financial problems, so she assisted them. One's house was about to be auctioned, and the other's business was struggling. On 26 January 2006, she took both to her bank, withdrew Kshs. 1M from her children's account without informing her husband and gave it to them. They were to refund the money before her husband found out. She says her sister, Rose Njoki Muruatetu, was her business associate, so she often sent her to the bank to withdraw money. In January 2000, she sent Rose to cash cheques worth 600,000 to expand her business.
Francis Karioko Muruatetu says he did not know Lawrence Githinji Magondu (although, on cross-examination, he admits going to console the family at his Buruburu home after his death). He says his sister, Elizabeth Gitiri Gachanja, occasionally helps him with money for school fees. He denounces the contents of an earlier statement in which he had stated that she, through Rose Njoki Muruatetu, had given him money to eliminate Magondu. He says he did not know Wilson Thirimbu Mwangi and only met him at Kamiti prison after his arrest. However, the prosecutor shows him a printout of phone numbers he called on 4 February 2000, and he admits having called Thirimbu's number seven times on 4 February 2000. He denies buying a mobile phone for Thirimbu.
Rose Muruatetu says she manages two businesses, a restaurant and a salon, for her sister, Elizabeth Gitiri Gachanja. She says that on 26 January 2000, she, Elizabeth and their two brothers went to Barclays Bank Hurlingham, where Elizabeth withdrew Kshs. 1M from her children's accounts and gave it to her brothers. She also says that in January, Elizabeth gave her Kshs. 600K for expanding the restaurant and salon businesses. She says that on 10 February, she was arrested, together with her brother, Francis Karioko Muruatetu. She says the party held in her house on 6 February was not celebrating Magondu's murder but a birthday party for one of her children.
Wilson Thirimbu Mwangi says he had known Lawrence Githinji Magondu for four years, as both Magondu and he traded in gemstones. On 2 February, Magondu went to his office and asked him to find a market for some gemstones he was selling. On 4 February, he spent the whole day in his office, but Magondu called him several times to find out if he had found a buyer for the gemstones. In the evening, he went to Private Tours and Safaris to surrender a car he had hired. Up to 8 February, when police arrested him, he did not know Magondu was dead.
Anne Ngonyo renounces her earlier statement in which she said Thirimbu had hired her to lure Magondu to Kitengela. She says that until her arrest on 9 February, she was a second-hand clothes dealer. On 4 February, she spent the whole day in the city centre chasing payments from her customers.
Karuga recants his earlier statement in which he admitted to having been at the scene of Magondu's murder. He says police tortured him and forced him to sign the statement.
Wambua says he did not know Magondu, and he did not participate in his murder.
Kagia admits that the police took away a blood-stained T-shirt from his house but explained it was his blood. He had bled after a woman bit him at a bar in Kangemi.
Justice Msagha Mbogoli acquits Wilson Gachanja, Agnes Gicharu, Stephen Kanyoro, and Ernest Munyi for lack of evidence at the end of the trial. He finds the others guilty.
"Whoever plans and executes a scheme to end the life of another human being writes his or her own judgment," Justice Mbogholi says. "I have come to the irresistible conclusion that Elizabeth Gitiri Gachanja, Francis Karioko Muruatetu, Rose Njoki Muruatetu, Wilson Thirimbu Mwangi, Annah Ngonyo, David Karuga, Stephen Wambua, and Stephen Kagia (alias Blackie) are guilty of the offence as charged and stand convicted accordingly."
Annah Ngonyo is pregnant at the time of sentencing, so she is sentenced to life imprisonment. The rest get the death sentence.
In convicting Thirimbu, Ngonyo, Karuga, Wambua, and Kagia, the judge says the prosecution had proved that the five were with Magondu in Kitengela on 4 February 2000 and that Thirimbu, Ngonyo, Karuga, and Kagia were the last four people seen with him before he died. He says King'ori's testimony matches the contents of statements they made to police after the murder but later retracted.
The judge says the evidence presented in court points out that Francis Karioko Muruatetu and Rose Njoki Muruatu were the architects of Magondu's murder, and Elizabeth Gitiri Gachanja financed it. Elizabeth, the judge says, "cunningly provided the funds and sat behind the curtains for others to execute the mission."
