Press Statement by the Warunge and Ngenga Families on Delayed Families
We, the families of the late Nicholas Njoroge Warunge and the late Ann Wanjiku
Njenga Njoroge, jointly issue this statement to express our profound dissatisfaction and frustration with delayed justice in these harrowing murder cases that began three
(3) years ago.On 5th January 2021, we received the most shocking news of the gruesome murders of our beloved family members at their home in Karura Village, Kiambaa. The late Nicholas Njoroge and the late Anne Wanjiku, their son the late Christian Njenga,nephew the late Maxwell Njenga and their farm worker late James Kinyanjui Wamba
had been murdered. What followed were some of the darkest days full of shock,
distress and severe anguish, that we have ever experienced, individually and as a family. All (5) of the victims were laid to rest in January 2021 but to date, our hearts
are yet to rest with regards to this matter.
Further on, we were shocked to learn that Lawrence Simon Warunge, eldest son of the slain couple Nicholas and Anne, was the primary suspect. The accused – Lawrence -took plea on 15th April 2021 where he pleaded not guilty to (5) counts of murder. As a family, we were granted leave to file a Victim Impact Statement which we did. The
pre-trial process took up most of 2021 where there were various documents and
reports from various agencies which were to be submitted before the matter could
proceed to trial. During the said time we also, through our lawyers, Ndindi & Nadida
Advocates LLP, and working with the prosecutors, submitted an opposition letter on behalf of the victims to accompany the Prosecutions Affidavit of opposition for bail/bond.
In January 2022 we learnt that Lady Justice Mary Kasango, who was handling this matter, retired. Lady Justice Rachel Ng’etich took over and slated the Hearing for 9thand 10th May 2022.
However, on the said dates, the court was not sitting, and the case was given another mention date for 27th June 2022. The accused requested another mental assessment to be done on the said day.
The second mental assessment took a
long time to be done but the report was finally filed in December 2022. Lawrence was found to be fit to stand trial.
Lady Justice Rachel Ng’etich then gave a Hearing date for 10th and 11th May 2023.
The Hearing did not take place as the Judge, within this time, was transferred. A new
Judge was appointed – Justice Peter Mulwa – and he gave another Hearing date for 26th June 2023. On the said date the Defense Counsel applied for an adjournment and it was granted. Another Hearing date was once again given for 4th October 2023.
On 4th October 2023, the Judge was not sitting, as he was on transfer and, therefore, he
could not handle any matters. We were given a mention date for 29th January 2024 to
see if any Judge had been appointed by then, and if so, we fix another Hearing date.
Our Complaint:
The new High Court Judge in Kiambu High Court who will be assigned to take over
will be the fourth Judge to handle this case that has not yet even taken off.
Our lawyers have written letters to the Principal Judge and Head of Station Kiambu
Law Courts and also to the Office of the Ombudsman complaining about this delay
but have not received any reasonable relief.
The entire process from 2021 to date has caused tremendous emotional distress to the
entire family of the deceased as we have been left in abeyance, for three (3) years, not
knowing when the trial will begin and how it will proceed. We are living in a state of
perpetual anguish.
We understand the complexities of legal processes, but the seemingly endless delays
have inflicted pain on our already grieving hearts. From the onset, we placed our trust
in the judicial system to bring the perpetrator to justice swiftly. However, the numerous adjournments, procedural complications and delays in the legal
proceedings have eroded our confidence in the system. Our family is unable to find closure and move forward with our lives.
We acknowledge the dedication and patience of the prosecution and law enforcement agencies in their efforts to bring the accused to trial.
We appreciate the continued support from our community, family and friends, even
professionals such as counsellors, who have stood with us during this difficult time.
Our family is resolute in our pursuit of justice for our loved ones’ murders, and we will not rest until the legal process is concluded.
Our Petition: We call upon the Judiciary to review the processes and identify any inefficiencies that have contributed to these delays.
We appeal to the courts to consider the emotional toll these delays have taken on our families and the memory of our dear loved ones.
We petition the Chief Justice of Kenya Honorable Lady Justice Martha Koome to
prioritize this case and expedite the legal process.
Justice delayed is justice denied, and our family deserves closure.
On Behalf of the entire Warunge and Njenga Families.
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