A report by a toxicologist that shows former Juja Mp George Thuo was actually poisoned while having a drink at a Thika nightclub has been admitted as evidence in court, apparently raising the bar against the suspects charged with his murder.
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The defence had objected to its admissibility on grounds that it may be inconclusive, lacking credibility and that it may not “assist the (trial)court to arrive at any conclusion.”
Trial judge Rosyln Korir upheld a counter argument by prosecutor Alloys Kemo that the report was prepared by an expert whose evidence is admissible in law.
“The office9(government chemist) is within the structure of government and role clearly;y defined,” Kemo submitted in reference to jibes that the government chemist was not a qualified doctor and thus unqualified to present his findings.
Wandera Bideru, a retired government chemist, who rose through the ranks in 32 years in government service and headed the department, had testified that he found traces of a deadly pesticide in samples he analysed and on clothes the deceased wore on the day he collapsed at Porkies bar in the company of his friends who are charged with his murder.
Club owner Paul Wainaina Boiyo alias Sheki, Thuo’s aide Christopher Lumbazio Andika alias Lumba, DJs Andrew Karanja Wainaina and Samuel Kuria Ngugi alias Visi, Ms Esther Ndinda Mulinge, a waiter, and a patron Ruth Watahi Irungu alias Atlanta have denied poisoning the former government Chief Whip in 2013.
The judge held that the report “cannot be dismissed as incompetent” and that the witness cannot be barred from testifying about his subject and subsequent findings.
Defence lawyers had equally wanted him barred from proceeding to complete his testimony which climaxed with the presenting and admission of the controversial report.
The judge said “the challenge was premature!”
Kemo had submitted that scene of crime officers have not yet testified to corroborate evidence of broken glasses and bottles and their recovery from the crime scene after the politician fell to teh ground.
The late Thuo, according to witnesses had complained of feeling hot before he removed a vest, took it top his car across teh road and returned to the table he was returning to the table he was sharing with the suspects.
“No valid objection in law has been raised by the defence…” the judge ruled and dismissed the objection.