Luther12
Elder Lister
The Appeal
On 12 March 2003, Justice Msagha Mbogoli sentenced seven people to death for the murder of Lawrence Githinji Magondu on 4 February 2000. The seven are Elizabeth Gitiri Gachanja, Francis Karioko Muruatetu, Rose Njoki Muruatetu, Wilson Thirimbu Mwangi, David Karuga, Stephen Wambua, and Stephen Kagia.
On the day of judgement, one of their co-accused, Annah Ngonyo, was pregnant, so the judge sentenced her to life in prison.
All the eight appeal their conviction and sentencing, and they give different grounds.
Elizabeth Gachanja (picture above) argues that the trial judge erred by relying on Francis Muruatetu's and Rose Muruatetu's retracted statements. She said the prosecution did not prove any connection between the money she gave her sister and brothers to Mugondu's murder. She says she gave them money just like any other person would to help a brother or sister in need. If it ended up in crime, she was not aware.
Wilson Thirimbu (l) and Francis Muruatetu (r)
Francis Karioko Muruatetu argues that his phone calls to Wilson Thirimbu Mwangi and Elizabeth Gitiri were insufficient proof of his involvement in Magondu's murder.
He says the judge should not have relied on his retracted confession because police tortured him to extract it.
Rose Njoki Muruatetu claims that she was not at the crime scene, so the evidence against her was circumstantial. She adds that the prosecution did not prove any connection between the money she got from Elizabeth Gitiri Gachanja and Magondu's murder.
Wilson Thirimbu Mwangi argues that the identification parades that marked him as a suspect had six people instead of eight specified in law. He also says being found with Kshs. 1.5M was not unusual for him, and that the judge should not have relied on his retracted statement.
Annah Ngonyo says the identification parade that picked her out as suspect was improper as she was the only one with a scar. She also criticized the judge for relying on her retracted confession.
James Karuga, Stephen Wambua, and Stephen Kagia argue that the trial court's judgment was not signed, so it was not valid. They also say that their identification parades were improper and that the trial judge ignored their defences.
The appellate judges agreed with the trial judge's conclusion that Wilson Thirimbu Mwangi, Annah Ngonyo, James Karuga, Stephen Wambua, and Stephen Kagia were with Magondu in Kitngela on 4 February 2000. They also concurred that Thirimbu, Ngonyo, Karuga, and Kagia "eventually went away with the deceased to his last journey on earth."
The judges agreed that Francis Karioko Muruatetu's and Rose Njoki's Muruatetu's were the architects of the crime and dismissed their claims that police used torture to extract their retracted confessions. The judges said several trials-within-trials conducted by the trial judge did not reveal any evidence of torture.
They, however, disagreed with the trial judge on the conviction of Elizabeth Gachanja. They said there was no evidence that she was aware that some of the money she gave to her siblings ended up financing Magondu's murder. They said that although there were strong suspicions that she was involved, it was not enough to convict her.
They, therefore, quashed her conviction and sentencing but upheld the trial judge's decision to sentence to death Francis Karioko Muruatetu, Rose Njoki Muruatetu, Wilson Thirimbu Mwangi, Annah Ngonyo, James Karuga, Stephen Wambua, and Stephen Kagia.
On 12 March 2003, Justice Msagha Mbogoli sentenced seven people to death for the murder of Lawrence Githinji Magondu on 4 February 2000. The seven are Elizabeth Gitiri Gachanja, Francis Karioko Muruatetu, Rose Njoki Muruatetu, Wilson Thirimbu Mwangi, David Karuga, Stephen Wambua, and Stephen Kagia.
On the day of judgement, one of their co-accused, Annah Ngonyo, was pregnant, so the judge sentenced her to life in prison.
All the eight appeal their conviction and sentencing, and they give different grounds.
Elizabeth Gachanja (picture above) argues that the trial judge erred by relying on Francis Muruatetu's and Rose Muruatetu's retracted statements. She said the prosecution did not prove any connection between the money she gave her sister and brothers to Mugondu's murder. She says she gave them money just like any other person would to help a brother or sister in need. If it ended up in crime, she was not aware.
Wilson Thirimbu (l) and Francis Muruatetu (r)
Francis Karioko Muruatetu argues that his phone calls to Wilson Thirimbu Mwangi and Elizabeth Gitiri were insufficient proof of his involvement in Magondu's murder.
He says the judge should not have relied on his retracted confession because police tortured him to extract it.
Rose Njoki Muruatetu claims that she was not at the crime scene, so the evidence against her was circumstantial. She adds that the prosecution did not prove any connection between the money she got from Elizabeth Gitiri Gachanja and Magondu's murder.
Wilson Thirimbu Mwangi argues that the identification parades that marked him as a suspect had six people instead of eight specified in law. He also says being found with Kshs. 1.5M was not unusual for him, and that the judge should not have relied on his retracted statement.
Annah Ngonyo says the identification parade that picked her out as suspect was improper as she was the only one with a scar. She also criticized the judge for relying on her retracted confession.
James Karuga, Stephen Wambua, and Stephen Kagia argue that the trial court's judgment was not signed, so it was not valid. They also say that their identification parades were improper and that the trial judge ignored their defences.
The appellate judges agreed with the trial judge's conclusion that Wilson Thirimbu Mwangi, Annah Ngonyo, James Karuga, Stephen Wambua, and Stephen Kagia were with Magondu in Kitngela on 4 February 2000. They also concurred that Thirimbu, Ngonyo, Karuga, and Kagia "eventually went away with the deceased to his last journey on earth."
The judges agreed that Francis Karioko Muruatetu's and Rose Njoki's Muruatetu's were the architects of the crime and dismissed their claims that police used torture to extract their retracted confessions. The judges said several trials-within-trials conducted by the trial judge did not reveal any evidence of torture.
They, however, disagreed with the trial judge on the conviction of Elizabeth Gachanja. They said there was no evidence that she was aware that some of the money she gave to her siblings ended up financing Magondu's murder. They said that although there were strong suspicions that she was involved, it was not enough to convict her.
They, therefore, quashed her conviction and sentencing but upheld the trial judge's decision to sentence to death Francis Karioko Muruatetu, Rose Njoki Muruatetu, Wilson Thirimbu Mwangi, Annah Ngonyo, James Karuga, Stephen Wambua, and Stephen Kagia.
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