, NAIROBI, Kenya, Feb 28 – Businessman Alex Chepkonga who was convicted for the murder of Dr James Ng’ang’a Muiruri outside a Westlands nightclub in 2009 has been set free by the Court of Appeal.
Former senior police officer Dickson Munene was however not as lucky as his conviction and death penalty was upheld by the Appellate Court.
Ng’ang’a, the son of former Gatundu North MP Patrick Muiruri was shot dead on January 24, 2009 after an argument in the bar led to a confrontation which spilled outside the club onto the streets in Westlands.
Justice Mohammed Warsame who sentenced the two to death on October 12, 2011 had said that the action of the two friends was reckless and the pursuit of the victim was unnecessary and unlawful.
In his defence, Munene had claimed that the late Ng’ang’a had resisted arrest when the fatal shot was used but the judge said his action was unwarranted and that he should have called for reinforcement instead of resorting to use his gun.
The judge agreed with the prosecution that Ng’ang’a might have resisted arrest but the force used by Munene was excessive and could have been avoided.