Magistrate quits case of 73-year-old accused of plotting to murder wife, four children
Rift Valley
By
Antony Gitonga
| Aug 12, 2025
A Senior Resident Magistrate Wilson Rading in Naivasha has recused himself from the case where a 73-year-old man is charged with conspiracy to murder his wife and four children.
The magistrate said he stepped aside due to the publicity and pressure that the case was attracting. He directed that the file be placed before the principal magistrate for further direction.
In the case, Francis Muya, a farmer who is the main suspect, faces five counts of conspiracy to murder, while one of his daughters and her fiancé, both in the US, are wanted for similar charges.
Muya is charged that on diverse dates between March 1 and May 2, 2024, jointly with others not in court, he hired killers at a cost of over Sh3m to murder his estranged wife, Rose Njeri Muya.
He also faces four other charges of conspiracy to murder Antony Mwaura, Martin Muya, Alex Muya, and Oprah Muya, the farmers' three sons and his other daughter, respectively.
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In a ruling delivered virtually, the magistrate noted that he could not continue listening to the case, as some members of the family were involved in protests.
“It’s the right for anyone to make noises and for justice to be done. I recuse myself from this case and direct that the file be placed before the principal magistrate for directions,” he said.
The family lawyer, Mbugua Macharia, welcomed the decision, noting that for over one year the case had stalled.
Flanked by the family members, he noted that in the period, the ODPP had recalled the file, while adjournments had become the order of the day, affecting any progress.
“The magistrate has recused himself, and we welcome the decision, as the case has completely stalled, and we are looking forward to directions by the principal magistrate,” he said.
The court will issue directions on September 15.
In the case, the granny, with the help of his daughter and son-in-law, allegedly hired the killers to assist in getting rid of the family members so that they could take over the prime plot in Molo town.
According to documents filed in court, the plan started on the 1st of March 2004 when the father and his daughter allegedly met the two killers in a hotel in Nakuru.
In a sworn statement by one of the suspects, Paul Waithaka, who has since been turned into a state witness, the father and daughter wanted the five eliminated for refusing to vacate the prime land.
“They wanted us to kidnap the mother, the three sons, and a daughter and force them to transfer the plot to their name and later kill them,” reads the statement.
They settled for a fee of Sh3.1m and proceeded to get the cash through the father and daughter as the woman who lives in the US flew back.