Class 8 pupil accused of murdering four-year-old cousin to testify as prosecution witness

A Class Eight pupil initially accused of aiding in the suspected ritual killing of his four-year-old cousin, Brawden Mutwiri, will now testify as a prosecution witness and under witness protection.

The 16-year-old boy who had been lined by the prosecution as the second accused had been charged together with first accused Dennis Njeru of murder contrary to Section 203 as read with Section 204 of the penal code.

“On the 19th day of December 2020 at Kavengero Village, Evurore Sub location, Kanyuambora location, Mbeere North Sub County within Embu County murdered Brawden Mutwiri,” the charge sheet read in part

The prosecution submitted to the high court in Embu the intention to make the second accused a state witness.

“I have sought instructions to have the second accused to testify as a prosecution witness, we can take plea in respect to the first accused as we organize how the second accused can testify under witness protection,” Miss Leah Mati senior prosecution counsel submitted.

Lady Justice Lucy Njuguna granted the application as the first accused pleaded not guilty to the murder charges read to him before the high court.

The Judge ordered that the case be mentioned on May 24, for further direction.

According to court documents, the class eight pupil alleged that a witchdoctor requested him to hand over his cousin Brawden Mutwiri to him. Mutwiri was four years old by then.

He further alleged that he watched as the witchdoctor killed Mutwiri and threw him into a river.

Gichugu Muchangi the advocate for the accused in his submission for bail term application observed that his client had been on remand since January.

The prosecution opposed the bail application submitting that the accused person was a flight risk.

“The accused person is a flight risk and his life is in danger since his house was burned down by the community and it is a case that has attracted public interest. We also have overwhelming evidence against the accused person,” the prosecution submitted

The defense also submitted an application to have the second accused turned into a state witness to be reviewed.

“We will be making a formal appeal for bail or bond terms. There is a medical report indicating that the witness has a mental illness and we pray that the witness be reviewed,” Muchangi Submitted.

In their response, the prosecution submitted that they would avail a medical report showing that the witness had been reviewed and found fit.

According to the court documents, the initial report had indicated the witness unfit necessitating a second review that found the minor fit.

The Judge ordered that the case be mentioned on May 24, for further direction.

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