Mombasa man detained for 10 days over wife's murder

Mr Henry Thuku Kwira before Mombasa court on January 12,2023.The court granted police 10 days to detain the man accused of killing his wife.

Photo credit: Brian Ocharo I Nation Media Group

A Mombasa court has granted police 10 days to detain a man accused of killing his wife.

Principal Magistrate Vincent Adet allowed police to hold the suspect Henry Thuku Kwira, stating that he was convinced the suspect's life was in danger. 

"The prosecution has not presented sufficient grounds to deny the respondent bond, but I will grant the application on the grounds that the public may seek retribution against him," the magistrate said. 

Mr Kwira allegedly hit Ms Eznas Ipale on the stomach with a blunt object in Mtongwe area.

According to an affidavit filed in court, Mr Kwira assaulted the deceased after a disagreement on January 6, 2023. 

"The deceased was pronounced dead while being rushed to Coast General Outreach hospital Mtongwe for further treatment," said Mr Levin Nyamai, the investigator. 

When the incident occurred, the suspect's mother, Jacinta Wanjiku, rushed the deceased to the outreach hospital for treatment, where she was referred to Zero private hospital for scanning before treatment. 

The scanning was done but the deceased died as she was being taken back to the public health facility for treatment. 

While requesting more time to complete investigations, the officer informed the court that he has yet to record statements from key witnesses. 

He also said that a postmortem is yet to be performed on the woman’s body to determine the cause of death. 

"I am still waiting for treatment notes from the hospital where the deceased was treated," he explained. 

Mr Nyamai also told the court that he had sent blood-stained bed sheets and pillowcases to the Government Chemist for forensic analysis. 

"The blood samples have yet to be obtained for forensic analyses and DNA testing," he explained. 

The officer expressed concern that if the respondent is released on bail before the investigations are completed, he will flee the country. 

He informed the court that he is investigating the respondent for murder after the suspect struck the deceased on the stomach during a domestic dispute. 

Following the incident, the suspect was apprehended by members of the public, who the court feared is still baying for his blood. 

The case will be mentioned on January 23. 

In the same court, a Nigerian national arrested by Interpol for drug trafficking was ordered detained pending the outcome of his case. 

Mr Martin Ike was apprehended in Nigeria before being extradited to Kenya to face charges of heroin trafficking worth Sh1.9 million. 

He is accused of transporting the drugs from Tanzania to Kenya. According to the charge sheet, the suspect and others who are not in court illegally trafficked heroine weighing 647.7kg into the country. 

The foreigner is accused of committing the crime on July 4, 2018 at the Tahmeed parcel office in Dar es Salaam, Tanzania. 

The suspect has been on the run since Kenyan authorities declared him the most wanted man for bringing heroin into the country. He has pleaded not guilty to the drug trafficking charge. 

Mr Adet denied him bond, citing the fact that he was a flight risk as a foreigner with no known fixed abode in Kenya. 

"I grant the prosecution's request that the suspect be denied bond, and I direct the prosecution to expedite the pretrial direction so that the matter can be heard as soon as possible," the magistrate said. 

His lawyers led by Jared Magolo want the court to recuse itself from the case, calling its jurisdiction into question. 

The advocate contended that because the alleged crime was committed in Tanzania, the Kenyan court lacked jurisdiction to hear it. 

"This is why we want this court to put down its pen. That's the right thing to do," Mr Magolo said. 

State Counsel Hillary Isiaho on the other hand, stated that the prosecution will only respond to the issue of the court's jurisdiction if the application is made formally. 

"We are ready to provide the defense with all documents, including extradition papers," he said. 

The matter will be heard on January 17. 


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