By Chris Ojow
Overwhelmed with emotions as he put the
record straight over allegations of
being involved in murdering his long
time friend of thirty years , the
accused Paul Wainaina informed the
trial court that he did not kill Juja MP
George Thuo.
As the defence made application
requesting to be allowed to present a
defence witness to testify on a
allegations that the deceased visited
several drinking joints before going to
Porkies club where it is alleged he met
his death.
The owner of Porkies club told Lady
Justice Roseline Korir that the
deceased was his good friend for many
years and that he could not at any given
time think of causing harm on him.
He repeatedly denied murdering
Legislator who was an entrepreneur in
public transport industry ten years
ago in Thika, Kiambu County.
“Your honour the late George Thuo was my
good friend, he was also a regular
customer at my club. Before Thuo came to
my club he had passed at another
restaurant in Kitengela where he took
some hot drinks and also passed at his
house before proceeding to my place,”
said Wainaina.
The accused was giving his defence
evidence in a case in which he and five
others namely Chris Lumbazio Andika
alias Lumba, Andrew Karanja Wainaina,
Samwel Kuria alias Visi, Esther Ndinda
Mulinge and Ruth Watahi Irungu alias
Atlanta denied murdering the deceased
on November 17, 2013 at Porkies Club in
Thika town Kiambu County.
The friendship of Wainaina and the
deceased was deeply rooted as he alleged
that he was the one who organised the
deceased Wedding, showing that they were
best friends.
“Your honour after some times Thuo
separated with his wife for a period of
six months and reunited before he met
his death ,” said Wainaina.
Led in his evidence chief by his lawyer
Dr. John Khaminwa, Wainaina told the
court that on November 17, 2013 Thuo
called him and informed him that he was
coming to his club to watch formula one
sports. He said Thuo wanted him to make
arrangement of space which he did.
Wainaina said that as they were having
some drinks Thuo informed him that he
wanted to remove his vest because it was
hot. He told the court that he took
Thuo to his office where he removed his
vest and took it to his car at the
parking before he returned back.
He said later Thuo started going down
and collapsed. “I and other people
rushed him to hospital where later I
was informed he died,’ said Wainaina.
The accused said that the former MP had
a heart problem and “was receiving
treatment from time to time”.
“Thuo also informed me that he was a
witness at the ICC case and that he was
supposed to testify in the same case
where the former president Uhuru
Kenyatta and his then deputy president
William Ruto were accused persons,” said
Wainaina.
The trial Court was informed that police
collected empty bottles from the
accused club and other empty bottles
from the deceased car.
In late January year 2023 Lady Justice
Korir ruled that all the accused
persons have a case to answer.
While delivering a ruling she stressed
that that she had considered the
prosecution case on witnesses evidence
and exhibits produced in court.
“After analysing the evidence, I have
found that the prosecution has
established a prima facie case against
the accused persons to warrant this
court to place them on their defence “,
the judge ruled.
Through their defence lawyers Dr
Khaminwa and Cliff Ombetta the accused
persons said the Director of Public
Prosecutions had failed to establish
that the accused had the motive to
poison Thuo.
In his final submissions, Khaminwa said
Thuo was a regular and respected
customer at the club.
“No motive to poison him has been
established by the DPP. No evidence to
demonstrate the link between the accused
and the death of the deceased,” said
Khaminwa.
The advocate said that before Thuo went
to Porkies Club, he had been drinking
alcohol elsewhere.
“Indeed there were bottles of beer in
his car.”
In addition, Khaminwa submitted that the
former MP had a heart problem and “was
receiving treatment from time to time”.
The court was asked to take judicial
notice that specimens from the body, the
glass he used and the beer bottle were
taken to South Africa for forensic
examination.
“The evidence from South Africa has
never been produced in court and thus
the case is incurable,” Khaminwa
submitted.
During the hearing, Chief Inspector
Maxwell Otieno, the lead investigator,
told Justice Korir that the Tusker beer
bottle from which the deceased was
drinking and the clothes he was wearing
were taken to the Government Chemist and
the test results indicated that the
former legislator had been poisoned.
( Chris Ojow is Award winning Photojournalist and Founder African Times News Media website www.africantimes.co.ke
0724 656913-WhatsApp
onyangoojow@gmail.com )
PORKIES CLUB OWNER TELL COURT THAT HE DID NOT KILL LEGISLATOR GEORGE THUO
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PORKIES CLUB OWNER TELL COURT THAT HE DID NOT KILL LEGISLATOR GEORGE THUO
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