Naftali Kinuthia has a case to answer on the killing of Ivy Wangeci, court rules

Naftali Kinuthia in the holding cells at the Eldoret High Court before his case was mentioned on April 15, 2019. [File, Standard]

Kinuthia had also recorded in his statement that prior to the birthday party, his 'girlfriend' had informed him that the party would cost Sh28,000.

"He said that he had sent Ivy Sh14,000 and had the remaining amount, which he wanted to give to her once he arrived," stated the detective.

Kinuthia would then arrive in Eldoret on the morning of April 9, 2019. This was a day before Ivy's birthday and the day she lost her life at the age of 25.

The court heard that he drove straight to Moi Teaching and Referral Hospital (MTRH) after the deceased failed to pick up his calls.

"While waiting, he saw the deceased in the company of another man. He imagined that she did not pick up the call because she was sleeping with the man," the court heard.

The detective added, "He (Kinuthia) became very annoyed and went to his car which he had parked at the hospital's emergency section and picked an axe that he used to attack the deceased."

Mr Shoka claimed that Kinuthia added that he came to his senses while in the hospital, where he was told that Ivy had died.

The detective told the court that Kinuthia had signed his statement and his advocate was present during the recording of the statement.

"I am providing the caution which was given to the accused person before he recorded his statement showing that he did so out of his free will and was not forced or pressured by anybody," stated Mr Shoka.

The investigating officer Lucky Sanga, who was at the time of the incident the DCIO of Naiberi police station, recounted that he had been informed by his boss about the murder incident outside MTRH.

He told the court that he went to the hospital's emergency section and found Kinuthia, who had been hospitalised after he was attacked by members of the public.

Mr Sanga provided exhibits which were collected at the scene, linking Kinuthia to the scene of the crime.

Among the exhibits were a blood-stained axe, a knife, a gunny sack, a phone and blood-stained clothes belonging to both the deceased and the accused as well as Kinuthia's personal identification documents.

Chief Inspector George Aringo from the Cybercrime and digital forensics laboratory at the DCI headquarters in Nairobi also presented a 417 paged document containing communication messages between Kinuthia and Ivy between 2018 to the date of her murder.

Before the hearing of the case, Kinuthia had through his lawyer written to the Office of the Director of Public Prosecution (ODPP) seeking a plea bargain.

He stated that he was ready to plead guilty to a lesser charge of manslaughter, but the request was turned down by the prosecution and the court twice.

The defence hearing is slated for March 3, 2023.