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Monday, 18 June 2012

Father Makewa Jailed

Fr.Makewa Jailed

By Martin Masai

Senior Resident Magistrate Mr Waititu
SUSPENDED Fr John Wambua Makewa was today jailed for seven years for attempting to murder a fellow priest.

Tawa Senior Resident Magistrate Mr Gichimu Waititu convicted Fr Makewa in a judgement that may well end the priest's chequered career in the Roman Catholic Church.
Attempts to have the magistrate free Makewa pending appeal tumbled after Mr Gichimu gave stringent bail terms of Sh. 5million cash bail and a surety of similar amount.
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.
Mr Gichimu found Makewa to have deliberately shot Fr Nzuki on the night of March 21 2010 at the Wote Catholic Parish, where Fr Nzuki was visiting the convict.
 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.
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.
Fr Nzuki and his mother outside the court
The 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.
The 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 will shortly publish verbatim the judgement. Stay Anchored!

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