Fr.Makewa Jailed
By Martin Masai
Senior Resident Magistrate Mr Waititu |
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 |
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.
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 |
"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!