Status of high profile murder cases this year

Sharon Otieno murder

As trial Judge Cecilia Githua retired to consider the evidence and testimonies presented in Sharon Otieno's murder, the court is now left to decide on whether former Migori Governor Okoth Obado has a case to answer or whether the Prosecution's case will unravel under the weight of its contradictions. 

A ruling of "no case to answer" would allow Obado and his co-accused Michael Oyamo and Caspal Obiero to walk free.

The court is expected to make this determination on January 30, 2025. 

The case which started in 2019 became an obsession in the public eye.

Forty-two witnesses were called with the the forme governor maintaining his innocence in the case.

And as the gavel came down on November 8, 2024, it signaled the end of the trial.

Two key witnesses had given conflicting testimonies.

The witnesses had presented opposed views of the same night that Sharon's body was found in a thicket in Homa Bay County.

She was heavily pregnant at the time she met her death, suffering stab wounds on her upper stomach and neck.

But the glaring accounts of two key witnesses cast aspersions on the Prosecution's case. 

One of the crucial witnesses was Jackson Gombe. A taxi driver who allegedly ferried Sharon to her place of death.

In his own words, Gombe told the court that he doubted the veracity of his evidence, the reason why the defense repeatedly submitted that he was a 'planted witness'. He was using a vehicle owned by Caspals wife. 

During the trial, seasoned Defense Counsels Kioko Kilukumi and Rogers Sagana took Gombe through his statement and that of a journalist who was on board the same vehicle on the fateful date.

The journalist is described as XYZ. He was a witness under protection and the star witness in the case. 

Gombe in his evidence said he carried Sharon, the journalist and other men in his vehicle on the fateful day.

He had picked them from a hotel after Oyamo held a meeting with Sharon and the journalist. They were meeting to discuss how Sharon and her unborn baby would be taken care of. 

His account was that Sharon had covered herself with a black shawl but the testimony of the journalist reflects that Sharon was in a pink suit.

Sagana, in trying to establish who among the two witnesses was telling the truth, prodded Gombe to state what transpired minutes before the journalist managed to jump out of his vehicle for fear of his life.

The journalist had told the court that Sharon, who was seated at the back seat, screamed out loud when the strange men were strangling him. She would cry out loud telling the men “please forgive me,”

But the taxi driver told trial Judge Cecilia Githua that he did not hear Sharon scream or cry or utter such words.

He said all he recalled was wind blowing into the car and the sound of something dropping.

This ‘something’ in the prosecution’s case is the journalist escaping from the vehicle that allegedly abducted him and Sharon.

 “I slowed down when I heard that thing fall and asked if all was well and was told it was. To date, I don't know what fell,” said Gombe

But witness XYZ said while they were in the car, one of the abductors took away their phones and started asking them about the pregnancy and relationship Sharon had with the governor.

XYZ was roughed up but Gombe who apparently was the driver could not recall such a scenario yet they were in the same car. It was a Toyota fielder, grey in color. 

These are some of the inconsistencies the defense has asked the court to look into as it retired to write its ruling. 

The Prosecution on the other hand believes they have made out a prima facie case against the three. 

They asked the court to consider the evidence produced showing that the tracker of the car used on the night of September 3 was switched off only to be reactivated the following day. 

"Only someone in ownership would know where the tracker of the car was like in this case, Caspal the third accused,"

The Prosecution has maintained that the three had a common intention and acted in concert to eliminate Sharon.

They said the three accused persons didn't have to be at the scene of crime when Sharon met her death for them to be culpable.

 Kianjokoma brothers

The hearing of a case in which six police officers are charged with the murder of two Kianjokoma brothers is pending trial before the Milimani Law Courts, three years after the offense was committed, as of Dec 2024.

Police officers Benson Mputhia, Consolata Kariuki, Nicholas Cheruyoit, Martin Wanyama, Lilian Chemuna and James Mwaniki have been charged with the murders of Benson Ndwiga and his brother Emmanuel Ndwiga.

Among those who have testified are their parents John Ndwiga and Catherine Gichuki as well as their uncle Felix Njagi. Njagi claimed that while he was at Manyatta police station, he had a conversation with PC Mwaniki who told him that the family would be compensated for the deaths.

Njagi, who identified Mwaniki in court, said he left his brother and family inside the police station and went outside to sit in his car.

He alleges that while in his car, Mwaniki was sitting inside the same Land Cruiser that had been used to arrest the deceased and they had a chit-chat.

It was his testimony that Mwaniki told him that on the issue of the boys, the family would be compensated by the insurance.

Njagi said he was very hurt by that statement because you can never repay for a lost life. 

Baby Pendo murder

Plea-taking for top police commanders implicated in the death of Baby Pendo will  take palce on January 15, 2025, two years after the DPP approved the charges.

They were to plead to the charge on November 5, 2024 but two suspects -Mohammed Baa, a senior police officer and Linah Kosgey failed to attend court.

Mohamed Baa who is the eleventh suspect was also not in court as he has remained at large ever since despite numerous arrest warrants being issued against him.

Linah’s advocate informed court that her client was unwell and admitted in hospital.

Baa, Linah and Titus Yoma, Titus Mutune, John Chengo, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robi, Josphat Sensira, Mohammed Ali Guyo, and James Rono are those linked to the offence allegedly committed during the 2017 post-election violence in Kisumu.

Wells Fargo boss Willis Ayieko's murder case

At least six people have been remanded in connection with the gruesome murder of Wells Fargo Human Resources Manager Willis Ayieko.

Ayieko’s body was discovered in Mungowere stream in Yala, Siaya County on October 23, 2024 at 2 pm.

He was a licensed gun holder and his pistol with 14 bullets was among the valuables stolen from him on the fateful night.

At the time his body was discovered, it was decomposed. It had bruises on the face, stomach and seemed to have been tortured elsewhere before being dumped at the scene.

One of the suspects was arraigned at the Kisumu High court on November 21.

Victor Ouma Okoth alias ‘SISCO’ alias ‘GOVINS’ is facing charges of murder contrary to section 203 as read with section 204 of the penal code.

According to the charge sheet, Victor jointly with others not yet before court is alleged to have murdered the deceased between the night of 18 and 23 October around Nyamboga Stream at the border of Gem and Khwisero sub-counties within Siaya and Kakamega counties.

The suspect appeared before the court on November 21 but did not plead to the charges,

The court directed that he be taken for a mental assessment to ascertain whether he is fit to stand trial. He is to be produced in court on December 18 for plea taking before Justice Roselyne Aburili.

He is currently remanded at Kisumu Maximum prison (Kodiaga)

Another suspect who is alleged to have provided transport for Victor to the location where Ayieko was abducted has also been remanded pending further probe.

Charles Otieno Odhiambo was arraigned before the Siaya court on November 7. The prosecution requested for 30 days to conclude their probe against him which was granted.

Charles is the sixth suspect in the murder case. The court also directed that the suspect be subjected to a mental assessment test.

Former MP George Muchai

Nine years since the late Kabete MP George Muchai was murdered, the case is still pending in court.  

The matter has gone through different judges with others being transferred and now Justice Momanyi Bwonwong'a retiring after attaining the age of 70. 

Article 50 (2) (e) (l) & (4) of the Constitution requires that a trial be concluded without undue delay but the Muchai murder trial has been in court since 2015 when the seven accused persons were first charged.

The matter is currently being handled by Justice Kanyi Kimondo. The last time the matter was in court, the government pathologist was recalled for cross-examination following a request made by the accused persons.

Those facing the charges are Eric Isabwa alias chairman, Raphael Kimani alias Kim Butcher, Mustapha Kimani alias Musto, Stephen Astiva alias Chokore, Jane Wanjiru alias Shiro, Margaret Njeri and Simon Wambugu. They have denied murdering the former lawmaker, his two bodyguards and a driver.

In his testimony before the court, Oduor said Muchai died out of multiple injuries caused by a single gunshot. Oduor who is the prosecutions 35th witness said Muchai was shot at close range with either a G3 rifle or AK47 gun.

He ruled out any possibility of a short gun.

He told the trial Judge that the gunshot wound entered through the right side of his abdomen to his right nipple.

"The area was blackened. Meaning burning of the skin around the entry caused by fragments of metal and gunpowder," said the witness.

Muchai was dressed in a stained black suit at the time his body was brought to Lee funeral home in February 2015 for postmortem purposes. He had a white shirt and a white vest.

Oduor said he had lost a lot of blood which explained the pale condition his body was in. He had rib fractures and there was bleeding on both sides of his chest.

The doctor explained that Muchai’s heart was mildly enlarged. He presumed it might have been hypertensive.

The hearing still continues.