- Judge Muigai directed that a probation report on the two be presented to the court before she makes a ruling on the bail or bond application.
- The duo was presented in court 14 days after the court ordered that they be taken for mental assessment and medical examination on October 12, 2023.
Image: GEORGE OWITI
The two women suspected to have killed Mlolongo salonist Jennifer Mwende Musila have been charged with murder.
Both Everlyn Wanza Katumbu and Faith Nthemba, however, pleaded not guilty to the offence when they appeared before Judge Margaret Muigai of Machakos High Court on Thursday.
The duo was presented in court 14 days after the court ordered that they be taken for mental assessment and medical examination on October 12, 2023.
The prosecution read the charge to the suspects before they pleaded not guilty.
The suspects’ advocate Mutava Musyoki was in court when his clients were presented and charges read to them in the open court.
“Everlyn Wanza Katumbu and Faith Nthemba, you have been charged with the offence of murder contrary to Section 203 as read with Section 204 Laws of Kenya. The particulars of the charge are that on August 25, 2023, in Mlolongo phase 2 estate within Athi River Sub County, in collaboration you killed Jennifer Mwende Musila,” the prosecution stated before the two pleaded not guilty to the charge.
Section 203 of the penal code states that; any person who of malice aforethought causes the death of another person by an unlawful act or omission is guilty of murder while section 204 states that any person who is convicted of murder shall be sentenced to death.
Musyoki in his defence of the suspects pleaded with the court to grant them lenient bond or bail terms.
He, however, raised issues with the affidavit filed by the prosecution citing ‘insufficient’ information.
“That’s what I wish to address. In regards to the affidavit, the information isn’t sufficient, they seem to have been filled somewhere and brought to be signed……,” Musyoki said.
Judge Muigai directed that a probation report on the two be presented to the court before she makes a ruling on the bail or bond application made by the defence lawyer on November 14, 2023.
“The first accused person and the second accused person have pleaded not guilty in regards to the charge read against them. I will wait for a report by the probation officer to rule on the bail or bond terms as prayed for by their lawyer,” Muigai said.
Muigai directed that the investigating officer appear in court on the same day and explain the issues raised in the affidavit by the defence lawyer.
“On November 14, we are expecting three things to be done; you will have filed and signed your response, we shall have the investigations officer cross-examined on an affidavit opposing bail and bond and we shall have the probation officer avail the bail report,” the Judge directed.
“In the meantime, the ODPP office will provide statements and documentary evidence to the accused persons and advocates for the accused person,” Muigai said.
The two were returned to Machakos Women GK Prison where they have been remanded since October 12.
They were arrested following Mwende’s brutal murder.
Her body was found on September 13 dumped in a pit latrine within Mlolongo town, Mavoko subcounty after missing for two weeks.
Mwende was buried at her parent’s home in Katangi, Yatta subcounty within Machakos County.
Autopsy results showed that she was strangled to death.
The post-mortem conducted at Montezuma Monalisa Mortuary in Machakos indicated that the 29-year-old died from asphyxiation, caused by manual neck compression.
The two suspects had previously appeared before Senior Magistrate Barbra Ojoo at Mavoko Law Courts who ordered their detention for 10 days to enable police conduct investigations.