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| Senior Resident Magistrate Mr Waititu |
SUSPENDED Fr John Wambua Makewa was today jailed for seven years for attempting to murder a fellow priest.
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| Prosecutor Mr Kyumbu |
Immediately after the conviction, two policemen sandwiched Fr. Makewa and was led to the office of the Tawa Police Station to await ruling on bail application.
The magistrate upheld evidence adduced by 15 prosecution witnesses who included three priests and three Sisters. He said evidence available showed it is Makewa who shot Fr Nzuki and that he showed intent to kill by shooting him more than once.
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| Convicted: Makewa is led out of the courtroom |
The following is part of the judgement:
“I
have gone through the complainant’s evidence and I am satisfied
that he spoke the truth. His testimony was strong and consistent and
was not shaken even in cross examination. There is no evidence of
mistake or error. Even on its own, that evidence was strong enough to
sustain a conviction. I find that the complainant’s evidence is
credible. Further, looking at the evidence in its totality, I am
satisfied that the complainant’s testimony was corroborated by the
evidence of the other prosecution witness.
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| Fr Nzuki and his mother outside the court |
accused person concocted the theory of robbers to conceal the
offence. He conceived and devised a plan to kill the complainant and
blame it on nonexistent robbers. The accused person started by
shooting aimlessly to create an impression that there were robbers.
Having identified his prime target, he isolated him by waking him up.
He lured him out of the safety of his bedroom. Innocently, the
complainant followed him oblivious of the danger ahead. The accused
person gave him bullets to ensure that he did not escape the trap. He
surreptitiously sent the complainant to the door and then shot him
repeatedly as he begged for his life. The accused person even had the
guts to tell the complainant to die. Having shot the complainant, the
accused person remained unmoved as the complainant bled and writhed
in pain for 20 minutes. The much he could do is pace around and ask
someone to take his confession before he died! Surprised that the
complainant had survived, he started warming himself into his heart.
The accused person was unable, due to factors beyond his control to
fully execute his plan.
evidence that has been tendered before the court is sufficient to
prove that the accused person attempted to unlawfully cause the death
of the complainant. The prosecution has proved its case against the
accused beyond reasonable doubt. The accused person is found guilty
of attempting to murder the complainant as charged. He is convicted
accordingly under section 215 of the criminal procedure code.”
The Anchor 
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