Businessman George Kirubi yesterday recalled in a Nairobi court how he got to know the death of his second wife at City Park in May last year.
He said Janet Waiyaki, 41, was in the company of his nephew.
He said Janet had borne him three children. They ran a joint business named Fay Mobile. Kirubi also runs a restaurant and bar near Tom Mboya-Ronald Ngala streets junction. Kirubi’s first wife lives in their home next to Pangani police station. Janet stayed in Donholm.
In that marriage, Kirubi and Janet would sometimes differ, but that is inevitable in any relationship. He said:
In marriage, people argue and solve their problems. But I used to care for my wife.
On May 20 last year, he left his Pangani home and headed to his second home in Donholm. He arrived at 9am and found his children with the housegirl. He tried to reach Jane on the phone, but she did not return the call.
At around 10am, Kirubi received a call from his cousin Joseph Kuria, who asked if he had any report. Kuria did not specify but told Kirubi to go to Avenue Hospital where Janet had been rushed.
But before Kirubi could leave, he received a second call from the deceased’s sister, Njoki. She delivered unexpected news. Janet was dead. Then confusion reigned. Kirubi said he began to walk aimlessly — a distraught man. The sister-in-law then drove over so they could go to Avenue Hospital together.
Janet had been shot dead by two police officers. She was in a car with Kirubi’s nephew Bernard Chege, 26. Chege suffered injuries and has been listed as a prosecution witness.
Kirubi told the High Court that he does not know whether the two had a love affair. And he doesn’t know what they were doing together during that fateful morning.
“It’s a matter for the officers to investigate. That’s the reason we are in this court,” Kirubi said in his testimony.
Asked whether he knew Chege, Kirubi said Chege is his nephew. At that point, Kirubi stood and continued giving his testimony standing. He appeared pensive and edgy.
Kirubi would stare at the walls and make sidelong glances at Judge Stella Mutuku. He took time to answer questions. At one point, the judge had to call out his name to catch his attention. Ten minutes into the testimony, Kirubi felt exhausted and requested to sit down.
Asked whether he knew Chege, Kirubi said his was his nephew. At that point, he stood and continued giving his testimony standing.
“Are you okay?” Mutuku asked.
“Yes, I am,” Kirubi answered. He continued,
When Janet was shot, she was with Chege … alikua na huyo kijana wa brother yanguhuko City Park (she was with my brother’s son in City Park).
One of the defence lawyers urged the court to expunge the evidence or he be discontinued from giving evidence because he claimed the witness was drunk. But lawyer Ham Lagat dismissed the remarks, requesting that the session proceeds. The hearing continues.