Former Kabete MP George Muchai, his bodyguards and his driver were shot rapidly using either a G-3 rifle or an AK-47 rifle, government pathologist Johansen Oduor has said.
Appearing before Milimani High Court on Wednesday, Oduor told Justice Kanyi Kimondo that his conclusion was arrived at after examining the bodies of the deceased.
He said Muchai, his bodyguards Samuel Kailikia and Samuel Matanta, and driver Stephen Wambugu had gaping wounds which were inflicted by a powerful weapon.
“From the heavily injured bodies, it was evident that they were rapidly shot such that the bodyguards could not return fire,” Oduor said.
The court heard that one of Muchai’s bodyguards who was seated right behind the driver had been “blown on one side”.
The driver was shot in the chest and the bullet fragments were lodged in the back below the neck.
Oduor said all four bodies bore a total of five bullet entry wounds and two exit wounds.
The pathologist could not deny or affirm if the four were intoxicated.
He however stated that the former MP, his bodyguards and driver died instantly after the attack.
Muchai, the bodyguards and the driver were shot and killed on February 7, 2015, along Nairobi’s Kenyatta Avenue.
The case is against seven suspects for the murder.
In the interim, Justice Alexander Muteti stopped Chief Magistrate Lucas Onyina from delivering a judgment in which the suspects have been charged with robbery with violence.
Pending delivery of the substantive ruling on November 11, 2024, Justice Muteti prohibited Onyina from delivering the judgement in the robbery with violence case against the accused.
On Tuesday, Onyina was served with the stay order pending the hearing and determination of an application by the accused challenging the legality of the charges.
Lawyer Stephen Ongaro said there were no valid charges against the accused which would warrant them to be placed on their defence.
Ongaro submitted that the accused were charged with violently robbing the deceased contrary to Section 296(2) of the Criminal Procedure Code (CPC).
He said the offences against the suspect are under sections 295 and 296(1) of the CPC.
He said section 296(2) only prescribes the sentence which is the death penalty upon conviction. Ongaro asked the judge to quash the robbery with violence charges coached under Section 296 (2) as they are not offences.
"I urge this court to find that no offences have been committed by the accused since they have not been charged under Sections 295 and 296(1) of the CPC which prescribe the offence," he submitted.
The accused have denied both the murder and robbery with violence charges.
They were remanded in prison custody until February 17 and 18, 2025 when the murder trial shall resume.
