By admin 
Supreme Court Justice Alexander Muteti will Today ruling on an application where suspects accused of the murder of former Kabete MP George Muchai are challenging their prosecution on charges of robbery with violence.
Eric Isabwa, Raphael Kimani, Mustapha Kimani, Stephen Astiva, Jane Wanjiru, Margaret Njeri and Simon Wambugu claim that the charges of theft by force against them do not exist in law as the Supreme Court had declared their provisions unconstitutional in 2016.
The suspects were charged in 2015.
Chief Magistrate Lucas Onyina would rule on the case October 22 but the suspects informed the court that they had obtained orders from the Supreme Court to stop the delivery of the verdict.
The suspects were charged with 10 counts of forcibly robbing six victims, including two sisters, Gladys Waithera and Irene Muthoni, on the same night they allegedly murdered Muchai.
Isabwa told the court that they challenged the court’s decision to pass judgment in the case without giving them an opportunity to put forward their defense.
This decision to proceed with the verdict followed four refusals by the suspects to present their defense, saying that the charges of theft with violence against them do not exist in the law.
Defense attorney Stephen Ongaro said the charges against the suspects are illegal and do not exist under the law, and that the trial judge’s insistence on continuing the case despite the absence of valid charges violates the suspects’ right to a fair trial .
Ongaro said forcing the suspect to plead defenses to charges that are no longer legally valid constituted a significant error of law.
The magistrate had previously ruled that he had no jurisdiction to consider constitutional issues related to the charges, which should be heard by the High Court.
Judge Muteti’s ruling is expected to provide a clear path forward.
EACC, Supreme Court case
At the Court of Appeal, the hearing of a case in which EACC challenged a High Court decision that allowed a junior City Hall official to retain assets worth Sh643 million continues today.
The anti-graft agency had wanted the assets forfeited to the state, arguing that they were proceeds of crime and unexplained wealth.
Supreme Court Justice Nixon Sifuna had said he was satisfied with Wilson Nashon Kanani and his wife’s explanation of how they acquired the wealth and issued orders to unlock cash in five of the couple’s bank accounts.