James Omondi Odera alias Castro, Wycliffe Walimbwa Simiyu alias Zimbo, Paul Othieno Omondi alias Babawere were sentenced to death yesterday after the judge ruled that the prosecution had proved that the three killed former Embakasi MP Mugabe Were  on January 29, 2008.

High court judge Luka Kimaru said they "jointly participated in the shooting" of the MP, with the intention of killing him.

He added that they attempted to rob Were before killing him, outside his home in Woodley Estate, Nairobi, a week after his election.

Judge Kimaru said the prosecution submitted sufficient evidence and that the sentence was in accordance with the law.

He said co-accused Mary Muthoni Wamaitha was acquitted since the prosecution had no evidence against her.

The four had been in custody for years. Their initial trial in 2008 collapsed after High Court Judge Nicholas Ombija pulled out.

Justice Ombija, who took over from Justice Fred Ochieng, cited frustration from the state and the investigating officer.

He said there was an attempt to cover up DNA test results, of samples taken from a jacket recovered from the vehicle in which Were was travelling in.

He added that police had failed to produce the DNA report in court, preventing him from concluding the case.

Courtesy: The Star