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The High Court in Nyeri has released on bond the wife of slain Nyeri businessman Erasmus Kinyua. Also released were a prison officer and a boda boda rider, key suspects in the murder.
The three have been in custody for more than two months.
Justice Florence Muchemi released Doris Wambui, Benson Musili and Simon Kariuki on a Sh1 million bond each with a surety of a similar amount. Justice Muchemi, however, gave the condition that the three should attend bi-monthly mentions before the deputy registrar pending disposal of the case. The three, together with others still at large, are accused of killing Kinyua on December 19, 2021, at Kangemi village in Nyeri. While appearing before Justice Muchemi in February, the suspects denied the charges and asked to be released on bail.
But the prosecution objected, saying all prosecution witnesses are known to the accused persons and if released, they would pose a real or conceived threat. Investigating officer Sergeant Wilfred Kingara said the three are a flight risk and could abscond court if released.
He told the court that Wambui was arrested at Kivaa roadblock in Machakos County while attempting to flee. “The second accused, Musili, who is a prison warder at Nyeri Maximum Prison, was arrested 130km from his duty station,” read Kingara’s affidavit. Wambui, in her response to the prosecution, said she had a right to be released on bond. She told the court she had not made any improper approaches or threats to any of the prosecution witnesses and had no intention to do so.
Musili stated that there was no evidence to show that on the day of his arrest he was meant to be on duty at Nyeri prison. He stated that being a prison warder he was on interdiction with strict guidelines on how to conduct himself during the case.
“The conditions imposed on me by my employer are stringent enough to safeguard my attendance to court,” Musili added. The third accused person, Kariuki, said he lives with his family in Lusoi, Nyeri. He said at the time of his arrest he had visited his family and was not trying to flee.
Justice Muchemi said the prosecution has not tendered sufficient evidence to prove the three are a flight risk. Kinyua, 61, was assaulted and strangled to death at his Kangemi home. He was an electronics equipment dealer with several shops in Nyeri town.