The murder case of slain Nyeri businessman Erasmus Kinyua has taken a new twist after the High Court ordered the Directorate of Criminal Investigations (DCI) to release his widow on a Ksh100,000 bond.
The widow, Doris Wambui, is a prime suspect in the murder of the renowned businessman.
However, Wambui's lawyer has since stated that she is yet to be released despite the order.
The High Court's directive comes days after a magistrate's court on December 23, 2021, allowed the DCI to hold Wambui along with four other suspects for a period of two weeks pending the conclusion of investigations.
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File image of Doris Wambui and Prison warden Benson Musil. |Photo| Courtesy|
Nyeri High Court judge Florence Muchemi ordered the DCI to release the slain businessman's widow stating that she had been held without charges.
She further directed Wambui to report to the DCI every Wednesday until the investigations are concluded.
“The respondent (DCI) is to file its reply within 10 days and the lower court’s records be made available within 14 days,” Justice Muchemi said.
Wambui and fellow co-accused had been detained without formal charges pressed against them.
Through lawyer, Mahugu Mbarire, she moved to court seeking to have the order to detain her by Magistrate Macharia overturned.
The application for a review of Magistrate Macharia’s orders was certified urgent by Justice Richard Mwongo of the Kerugoya Law Courts.
She argued that she had been held in custody since December 21, 2021, without any charges, terming it a violation of her freedom rights.
“Essentially, the learned magistrate has placed me before the public altar and whisked away my presumption of innocence until I am proven guilty,” she stated.
Wambui further claimed that her continued stay at Nyeri Central Police Station had adversely affected her health.
Her lawyer has since revealed that the police are yet to release her despite the High Court's directive. Mbarire stated that he was informed she had been taken for mental assessment at the Embu Level 5 Hospital when he went to visit her on the evening of Wednesday, January 5.
“There is no confirmation from the police yet on when they will release her from custody,” he said.
She had initially been directed to appear in court on January 10 to determine whether the DCI needed more time to conclude investigations.
Following the High Court order, her case will be heard on January 31.
