Money talks in Kenya...I'm sure the two convicts are confident they'll get the appeal. While I was not there during the altercation, I believe this was a case of "My family is richer and my friends more powerful than you"... a competition of who has got bigger balls. Unfortunately it ended the way it did.

ati the fight started because they disagreed on whether to play a beer game or 'loser pay'

JUDGEMENT read by High Court Judge Mohammed Warsame – (criminal case no. 11 of 2009.)

DICKSON MWANGI MUNENE………………1ST ACCUSED.

ALEXANDER CHEPKONGA FRANCIS…….2ND ACCUSED



DICKSON MWANGI MUNENE AND ALEX CHEPKONGA FRANCIS on the 24th day of January, 2009 at Westlands in Nairobi within Nairobi Area Province, jointly murdered JAMES NG’ANG’A MUIRURI.

The basis of the prosecution case is that in the course of the night of 23rd and 24th January 2009 the deceased was at Crooked Q Bar and Restaurant together with his brother John Gachera Muiruri (PW13) and Jedidah Okudo (PW14) where they were having alcoholic beverages.

There was also another group composed of five men who were also in the same restaurant partaking alcoholic drinks amongst other things. The prominent members of the other group were the 2nd Accused ALEX CHEPKONGA and Mr. Sagini (PW6).

PW6 was drinking at the counter when the deceased approached him and thumped his chest and asked him whether he was gay. He was offended and upset since the person was not known to him. When he asked him why he was insulting him, the deceased just walked away to the direction where he came from. PW6 then followed him and asked him why he was calling him an offensive name. As he was walking to the deceased, Jedidah Ahawo Okudo, PW14, jumped on him and shoved him away.

The other issue that caused the commotion is that the deceased called a patron by the name Tish that he is a poor man who cannot afford to play a beer game. It was then that the said Tish told the deceased that the only expensive thing he was wearing was his shoes. A commotion then broke out between the two groups and the bouncers intervened and removed the group of the 2nd accused ALEX Chepkonga.

It is contended that the deceased was in an aggressive mood hauling insults at the group of Alex Chepkonga, he also allegedly called the patron Tish “ngui” a kikuyu word meaning “dog”.

The role played by Alex Chepkonga in the circumstances leading to the death of the deceased.

The incident started at the pool table inside Crooked Q restaurant. The initial disagreement was not between the deceased and Alex Chepkonga, 2nd accused. However there is evidence that there was a minor confrontation between the deceased and Alex before Alex and his group was removed from the club. It is contended by the defense that Alex was at all material times a peacemaker between the group and that of the deceased. However there is evidence to show that after Alex and his group were removed from the restaurant upstairs, they waited at the ground floor to sort out the issues with the deceased and his group. After the deceased and his group came to the ground floor there was a brief confrontation which resulted in a close exchange of words and fists between the deceased and the 2nd accused Alex Chepkonga. Morgan Guneno Aduvaga (PW2) a bouncer at Crooked Q, said that it was the deceased who punched ALEX and that he immediately moved in and separated them.

Alex Chepkonga then alerted the 1st Accused DICKSON MUNENE (a police officer) that he was assaulted by the deceased.

Dickson Munene, the 1st Accused, stated that his car was packed outside Crooked Q; he saw Alex and another group in a confrontation. He saw one person hitting Alex who fell to the ground and the gentleman followed him and started kicking him. Munene stated that he got out of his car and went to speak to the bouncer. Immediately he saw the gentleman who had kicked Alex go to a vehicle and move away towards Sarit Centre. Being a police officer and having witnessed a cognizable offense, he went back to his car and followed the gentleman. On reaching the junction to Lower Kabete road he found the vehicle that had driven the gentleman had been forced to stop by a small jam. He then parked his vehicle in front of the car the gentleman had entered and came out with handcuffs but the gentleman also came out of his car and started approaching him. According to Munene, he introduced himself and informed the gentleman that he had committed an offense and he wanted to arrest him. The gentleman allegedly replied that he cannot be arrested but Munene, the 1st accused, continued to effect the actual arrest by trying to handcuff him. It is evidence of the 1st accused that the gentleman grabbed the handcuffs and a struggle ensued.

During the struggle between the police officer DICKSON MUNENE and the deceased JAMES NG’ANG’A MUIRURI, shots got fired on the deceased and he was pronounced dead at the MP Shah Hospital, Nairobi.

There is evidence from the bouncers that after the deceased and his brother drove off, the police officer followed them behind. However the clear evidence of bouncer Isaac Malenya PW1, on cross examination was that he physically restrained Alex for a full 5 MINUTES outside Crooked Q (p.g 93 of the typed record of the proceedings), before releasing him, where upon Alex alone entered a silver Mercedes Benz belonging to Mark Sagini PW6, and drove off in the direction of Sarit Centre, the same direction as the other motor vehicles.

It is undisputed that the Sarit Centre roundabout is about 300 meters from the Crooked Q club, and driving at a normal speed would take about 20 seconds to reach.

The fact that Alex was restrained for 5 minutes proves that he came upon the group at the Sarit Centre Roundabout well after the deceased’s motor vehicle had come to a stop, and therefore could not have played nay role, innocent or otherwise in facilitating the shooting of the deceased.

JUDGE MOHAMMED WARSAME in his judgement said, “I AM SATISFIED BEYOND DOUBT THAT IT IS THE 1ST ACCUSED, DICKSON MUNENE, WHO FIRED THE THREE SHOTS THAT WERE DISCHARGED FROM HIS PISTOL. IT IS THE THREE SHOTS DIRECTED AT THE VITAL ORGANS OF THE DECEASED WHICH RESULTED TO THE DEATH OF THE DECEASED. THE 1ST ACCUSED WAS NOT ENTITLED TO USE HIS FIREARM, THE MANNER WAS UNJUSTIFIED, UNNECESSARY AND IN MY VIEW UNLAWFUL…. THE ONLY INVOLVEMENT OF THE 2ND, ACCUSED ALEX CHEPKONGA FRANCIS, IS WHEN THE DECEASED AND HIS GROUP CAME TO THE GROUND FLOOR IN ORDER TO GO TO THEIR HOMES. IT IS AT THAT JUNCTURE THE DECEASED AND THE ACCUSED WERE INVOLVED IN A MINOR ALTERCATION. IT IS ALLEGED BY THE DEFENCE THAT THE DECEASED HIT THE 2ND ACCUSED AT THAT TIME AND THAT IS WHY THE 1ST ACCUSED PURSUED HIM IN ORDER TO ARREST HIM FOR ASSAULT. THE CONDUCT, ACTS, AND OR OMISSION OF THE 2ND ACCUSED LEADS ARE TO THE CONCLUSION THAT HE HAD A COMMON INTENTION TO CAUSE THE DEATH OF THE DECEASED. POSSESSION OF A FIREARM AND PARTICIPATION ON A PHYSICAL MANNER ARE NOT THE ONLY REASONS IN THE COMMISSION OR EXECUTION OF A COMMON INTENTION. THE CONDUCT AND ACTS OF THE 2ND ACCUSED WAS PROBABLE CONSEQUENCE OF THE PROSECUTION OR EXECUTION OF SUCH PURPOSE. THE ACT FOLLOWING THE DECESED AFTER THE EVENTS WAS A FURTHERANCE OF A COMMON INTENTION…THE SHOOTING WAS NOT ACCIDENTAL AND WAS NOT BY THE DECEASED. IT WAS INTENTIONALLY AND UNLAWFULLY CARRIED OUT BY THE 1ST ACCUSED IN CONCERT WITH THE 2ND ACCUSED. THE TWO ACCUSED PERSONS ARE THEREFORE GUILTY OF MURDER OF THE DECEASED AS CHARGED.”

The High Court Judge MOHAMMED WARSAME THEN SENTENCES BOTH ALEX CHEPKONGA AND THE POLICE OFFICER DICKSON MUNENE TO DEATH for the murder of the deceased JAMES NG’ANG’A MUIRURI.

It has come to pass

Nooo whether he fired the gun or not, he was part of the murder, in fact it was only because of him that the cop shot James. These rich kids walking around thinking they can get away with anything have to face the law too, and to the fullest.