What you need to know:
- Kinyua’s widow was arrested alongside prisons police constable Benson Musili in connection with the businessman’s death.
- The widow sued the DCI for unlawfully keeping her in custody for a long time without instituting charges against her.
The High Court in Nyeri has ordered the Directorate of Criminal Investigations (DCI) to release the widow of slain businessman Erasmus Kinyua on Sh100,000 bond.
Her lawyer, however, told the Nation that Ms Doris Wambui was yet to be released despite the December 30 directive.
The High Court order came just days after a magistrate’s court on December 23 allowed homicide detectives to detain Ms Doris Wambui and four other suspects for two weeks pending conclusion of investigations.
Nyeri High Court judge Florence Muchemi, under a certificate of urgency, ordered the DCI to release Ms Wambui on bond as she had been detained without charges.
Justice Muchemi further directed Ms Wambui to report to the DCI offices in Nyeri every Wednesday until the application is heard and determined.
“The respondent (DCI) is to file its reply within 10 days and the lower court’s records be made available within 14 days,” said Justice Muchemi.
Kinyua’s widow was arrested alongside prisons police constable Benson Musili in connection with the businessman’s death.
The suspects are yet to be officially charged in court, but detectives had been allowed to detain them as they finalised investigations, a position the directive of the High Court overturned.
Ms Wambui moved to the High Court seeking a review of the orders issued by Magistrate Macharia, which allowed the police to hold her in their custody until the investigations were completed.
Through lawyer Mahugu Mbarire, the widow sued the DCI for unlawfully keeping her in custody for a long time without instituting charges against her.
The application for a review of Magistrate Macharia’s orders was certified urgent by Justice Richard Mwongo of the Kerugoya Law Courts.
The widow said she had not been informed of the reason for her arrest on December 21 last year, which she argued was in breach of her right to freedom.
She faulted Magistrate Macharia for concluding that the period since her arrest was not enough to enable the police and the prosecution to conclude their investigations and institute charges against her.
“Essentially, the learned magistrate has placed me before the public altar and whisked away my presumption of innocence until I am proven guilty,” she contended, adding that her continued stay at Nyeri Central Police Station had adversely affected her health.
Speaking to the Nation yesterday, Wambui’s lawyer Mbarire however said the police were yet to release Ms Wambui.
The lawyer said on the evening of Wednesday, January 5, when he visited the station, he was informed that Ms Wambui could not be released as she had just undergone a mental assessment at Embu hospital.
“There is no confirmation from the police yet on when they will release her from custody,” he said.
Before the High Court order, Ms Wambui was to be presented in court on January 10, when the court was to decide whether the DCI needed additional time to finalise its investigations.
The application before the High Court will be heard on January 31.