A former city pastor convicted of killing his alleged mistress eight years ago has lost his appeal.
Pastor Paul Ng'ang'a of Well of Faith Ministries in Gatina Kawangware was found guilty of the 2012 murder of Carolyne Chanjirah.
Ng'ang'a was charged alongside keyboard player James Muia, who was later acquitted after his testimony helped the court to convict the cleric.
Court of Appeal judges Mohammed Warsame, Kathurima M’inoti and Sankale Ole Kantai ruled that the appeal had no merit.
The court ruled that the High Court was right to convict Ng'ang'a for the murder based on the evidence presented.
“...we do not see any gaps in the prosecution case that would have undermined the appellant’s conviction, nor do we find any bias on the part of the learned judge,” the court ruled.
Court documents showed Ng'ang'a assaulted Chanjirah inside his car at around 8pm on the night of the incident.
At Lenana area, Chanjirah flagged down a KK Security vehicle and the guards rescued her. She showed them the pastor’s vehicle, which was parked close by. She died later from her injuries.
Muia testified that he was with the pastor in the car with the woman. She kept asking how the pastor could neglect his child, he said.
The Appeal Court ruled that the conduct of the pastor and the nature of the injuries inflicted on Chanjirah indicated that he intended to kill or inflict grievous injuries on her.
“The deceased succumbed to her injuries within a few hours of the assault and we are therefore satisfied that the prosecution proved malice aforethought on the part of the appellant beyond reasonable doubt,” the court noted.
The judges said the attempt to strangle Chanjirah, the severe blunt force injuries on the head and which killed her all demonstrate the cleric's intent.
“If motive can be drawn from facts, then the evidence of Muia that the deceased was querying what kind of man the appellant was for failing to support his own child, could readily have supplied the motive,” the court ruled.
They ruled that Ng’ang’a fleeing from the scene after excusing himself to go and lock his car was not consistent with his innocence.
The pastor claimed in mitigation that he was carjacked at the Junction Mall while in the company of Muia.
He said Chanjirah was part of the gang that attacked him and she had blood when she entered his car.
However, the judges questioned the heavy staining of his clothes with her blood, the presence of her blood on many parts of the car, including as far as the inside rear roof and on the murder weapon recovered at the scene.