John Muriithi Nderitu (right), the prime suspect in the murder of 25-year-old Nyeri shoes saleswoman Joy Kanini in June this year before Nyeri Senior Resident Magistrate Mary Gituma./KNA
A court in Nyeri has granted homicide detectives 21 days to continue holding the prime suspect in the murder of Joy Kanini in June this year to allow them time to complete investigations.
Senior Resident Magistrate Mary Gituma made the order following an application by State Prosecutor Ms Mukara, who sought orders to allow detectives to hold John Muriithi, who was arrested in connection with the murder, for 24 days to enable them to wind up their investigations.
The murder incident hit the headlines when the torso of the 25-year-old deceased shoe seller was discovered on the morning of June 11 within Ngangarithi Estate in Nyeri town.
The torso, which did not have limbs, a neck and a head, had been stuffed in a sack and had been placed outside the fence of the prime suspect’s home.
According to records at the Nyeri Central Police Station, the prime suspect, identified as 25-year-old John Muriithi Nderitu, alias Tizo, recorded a missing person report on the same day and contacted Kanini’s parents to inform them that their daughter was missing.
He had thereafter accompanied Kanini’s parents to the police station to help trace their missing daughter before fleeing the police station.
An intensive search by detectives and members of Kanini’s family on June 17 led to the discovery of the missing limbs in a six-foot pit latrine in Muriithi’s homestead.
A post-mortem conducted at the Nyeri County Referral funeral home on that day established that Kanini died from excessive bleeding.
After evading police for more than a month, Muriithi was arrested by DCI officers on Friday night, July 10, along the Nanyuki-Isiolo road while on the run. He is said to have been fleeing to Uganda.
The prosecutor told the court that the suspect was a flight risk, having been arrested a month after the incident occurred. She told the court that there was a high possibility that if released, Muriithi will not only interfere with witnesses but also with the ongoing investigations into the murder.
“The application is premised on eight grounds. We are setting forth compelling reasons as to why the suspect should be held for 24 days. They can be summarised into three: he is a flight risk, there is a high probability that he will interfere with witnesses, and a number of investigation steps are yet to be completed,” said Ms Mukara.
In her submission before the court, Sergeant Rhoda Nzioka, an officer from the DCI headquarters Homicide Investigations Division, told the court that they need more time to continue holding the suspect to help with the recovery of the deceased’s missing neck and head.
She revealed that the investigating team was yet to visit the scene of the crime for scene reconstruction, and they would therefore need more time with the accused to help them piece together the events that transpired on the fateful day.
She also told the court that there were impending arrests of other accomplices who are privy to the murder. She expressed concern that if released, Muriithi could interfere with the process.
The officer, who is among the sleuths investigating the matter, also informed the court that the investigating team is yet to trace key witnesses who will aid in the investigations, and as such, his release will deter those who perceive him as a threat from freely recording their statements.
Sergeant Nzioka further informed the court that their preliminary investigations had established that a commotion had occurred before the bizarre murder, and as a result the DCI will need to conduct medical examinations to establish if there are any defence and assault injuries.
She argued that the additional time would allow them to conduct the mandatory mental assessment to determine if Muriithi is fit to stand trial.
“We would like to conduct a medical examination and at the same time, DNA sampling on the suspect. This is to allow the government chemist to conclude DNA cross-matching and toxicology tests and also for the DCI lab to process the deceased person’s phone, which was recovered during the arrest of the suspect,” she told the court.
She told the court that due to the public attention raised by the incident, the detectives could not guarantee his safety if released.
Senior Resident Magistrate Mary Gituma ruled that the prosecution had raised convincing grounds to justify the detention. While reducing the time from 24 days to 21 days, she noted that whereas the constitution protects Muriithi’s right not to be held unnecessarily as well as the right to a speedy trial, the same constitution protects the rights of the deceased to justice.
“Considering the nature of the offence being investigated and the investigations that need to be thoroughly done in order to mount a case, I will allow the application; however, the period of extension will be 21 days," she said.
Nderitu will be remanded at the Kiganjo Police Station until August 4, when the matter will be mentioned in court.
