The High Court has ruled that seven suspects linked to the killing of former Kabete MP George Muchai will face both murder and armed robbery charges in separate trials, rejecting claims that doing so would amount to double punishment.

Justice Lawrence Mugambi dismissed a petition by the accused persons who wanted the Director of Public Prosecutions (DPP) barred from pursuing parallel cases arising from the same incident.

The suspects had argued that the State was violating their rights by using the same evidence, witnesses, and investigation files in both cases.

In their application, they claimed that the murder and robbery cases stemmed from one incident, with some witnesses testifying in both trials, one before the Chief Magistrate’s Court and the other before the High Court.

They asked the court to compel the DPP to drop the murder charges.

However, the judge found that the two sets of charges involved different events, victims, and elements of law, and therefore did not amount to double jeopardy.

“A strict application of the principle of double jeopardy cannot be invoked in the circumstances of this case. Double jeopardy can only arise where there has been a complete trial on the merits by a competent court and a verdict of acquittal or conviction has been entered for the same or substantially similar offence based on the same facts. That is not the case here,” said Justice Mugambi.

The court relied on the affidavit of Police Sergeant Moses Otiu, who explained that the murder and robbery did not occur at the same location or time.

He said the robbery incidents took place earlier on the night of February 6, 2015, and targeted different victims in Kangemi and Wangige, while the murder happened later, at around 2:51 am, near the Kenyatta Avenue–Uhuru Highway roundabout in Nairobi.

According to the affidavit, the first robbery happened in Kangemi where Michael Ngatia was attacked, while the second occurred in Wangige involving Gladys Waithira and Irene Wambui. The robbery complaints were filed at Kabete and Tigoni Police Stations.

Sergeant Otiu stated that MP Muchai was killed alongside his two bodyguards and driver in Nairobi. Investigators found that a car stolen from Waithira during the robbery was used in the murder, linking her and Wambui to the second trial as key witnesses.

Justice Mugambi noted that the offence of robbery with violence is legally different from that of murder, and the evidence needed to prove each charge is also different.

“The elements of robbery with violence are distinct from those of murder, as is the evidence required to prove them. Consequently, even if the petitioners were acquitted of murder by the High Court, a plea of double jeopardy cannot be raised in the robbery trial before the Chief Magistrate’s Court, since the offences are different,” he ruled.

The suspects are Aloise Onyango, Erick Munyera Isabwa, Raphael Kimani Gachie, Mustafa Kimani Anyoni, Stephen Ashitiva Lipopo, Jane Wanjiku Kamau, Margaret Njeri Waciuri, and Solomon Wambugu Gichamba.