High Court Orders Final Mental Assessment for Murder Suspects After Lengthy Delay
State prosecutor Mercy Njoroge told the court that they had failed to conduct the mental assessment following the doctors' strike which was ongoing,
The High Court has given the prosecution until Thursday next week to conduct the mental assessment of two individuals alleged to have committed the offense of Murder.
Milimani High Court judge Justice Alexander Muteti blamed the prosecution for the delay of the assessment claiming that justice has been delayed for a long and proceeded to grant the Director of Public Prosecutions until May 15, 2025,
“The matter has been dragging since this court gave out orders for the suspects to undergo mental assessment before they took plea,” Justice Muteti said.
State prosecutor Mercy Njoroge told the court that they had failed to conduct the mental assessment following the doctors’ strike which was ongoing,
“Your honor we had booked the assessment for the suspects but we kept on postponing the same since the doctors in Nairobi were on strike,” She told Justice Muteti.
Njoroge confirmed to the court that they had booked the same where they were supposed to produce the suspects on Wednesday to be assessed. She prayed the matter to be mentioned after seven days to confirm the progress.
While giving directions, Justice Muteti admitted the prayers by the prosecution and adjourned the matter for seven days before they resume on May 15, 2025, when the plea will be taken.
Cecelia Wangari and Allan Temba are the main suspects in the murder of Maxwell Wamwea which occurred on May 11, 2022.
When the matter came on February 27, 2025, the prosecution told the court that the suspects could not take a plea before the assessment where the court ordered one of the suspects Cecelia Wangari who was under police custody to be released since the Makadara court had granted a cash bail until the prosecution finalize preparations to charge them.
State prosecutor Christine Timoi had prayed the court to allow the continued detention of Wangari until March 3, 2025, to have the suspect’s mental assessed and the extraction of DNA samples which would help them conclude Investigations and prefer charges against her.
The court declined the application and ordered the suspect to be set at liberty on the cash bail she had deposited.
The judge indicated that continuing detention of the suspect is prejudiced to the law considering the Makadara magistrate court had released her on cash bail of Ksh 250,000 and directed the DCI officers to continue with investigations that link her with the death of Maxwell Wamwea
“Keeping the suspect in custody is violating the law and it is illegal. The court had heard the matter and released the suspect on bail and that did not prohibit investigators to pursue investigations,” Justice Muteti said.
The matter will be mentioned on May 15, 2025, to know the progress and for consolidation.
