Eric Isabwa, Raphael Kimani, Mustapha Kimani, Stephen Astiva, Jane Wanjiru, Margaret Njeri and Simon Wambugu claim that the violent robbery charges against them do not exist in law as the High Court had declared them unconstitutional in 2016.

The suspects were indicted in 2015.

Chief Magistrate Lucas Onyina was scheduled to deliver a ruling in the case October 22 but the suspects informed the court that they had obtained orders from the High Court to stop the pronouncement of the judgment.

The suspects were charged with 10 counts of violently robbing six victims, including two sisters, Gladys Waithera and Irene Muthoni, on the same night they allegedly killed Muchai.

Isabwa told the court that they challenged the court’s decision to rule on the case without allowing them to present their defences.

This decision to proceed to trial followed four refusals by the accused to present their defences, arguing that the charges of robbery with violence against them did not exist in law.

Lawyer Stephen Ongaro said the charges against the suspects were illegal and non-existent in law and that the magistrate’s insistence on proceeding with the case despite the absence of valid charges violated the suspects’ rights to a fair trial.

Ongaro said that forcing the accused to present defenses to charges that no longer have legal validity constituted a significant error of law.

The magistrate previously ruled that he lacked jurisdiction to rule on constitutional issues related to the charges, which are to be addressed by the High Court.

Judge Muteti’s decision is expected to provide a clear path forward.

EACC, High Court file

At the Court of Appeal, the hearing of a case in which the EACC is challenging a High Court decision that allowed a junior City Hall official to keep assets worth 643 million lei continues today.

The anti-corruption agency wanted the assets forfeited to the state, arguing they were the proceeds of crime and unexplained wealth.

High Court judge Nixon Sifuna said he was satisfied with Wilson Nashon Kanani and his wife’s explanation of how they obtained the wealth and issued orders to unfreeze cash in five bank accounts held by the couple.