Monday, October 10, 2011

Judge orders mental tests on Koinange's widow



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Mrs Edda Wanjiru Mbiyu after she spent the weekend in police custody. Photo/FILE
Mrs Edda Wanjiru Mbiyu after she spent the weekend in police custody. Photo/FILE 
By WANJIRU MACHARIA lwmacharia@ke.nationmedia.com
Posted  Monday, October 10  2011 at  14:18
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The widow of former Cabinet minister Mbiyu Koinange on Monday appeared before a High Court in Nakuru facing two murder charges.
However, Ms Edda Wanjiru Mbiyu, did not plead to murder charges levelled against her. (Read: Koinange widow seized over land activist killing)
This was after State Counsel, Mr Andrew Omtelema asked for sufficient time to examine the mental status of Ms Wanjiru, who is also a co-administrator of the controversial 4,923 acre Muthera Farm in Mau Narok.
Mr Omtelema said the prosecution did not examine her because she was arrested over the weekend.
“The government institution, which can investigate such a situation does not work over the weekends. However, we'll be ready to proceed with the case as soon as the report is ready,” he said.
Ms Wanjiru was arrested on Saturday in connection with the murders of land rights activist, Mr Moses ole Mpoe and his colleague Mr Parsaaiyia ole Kitu.
A warrant of arrest had been issued soon after the murders in December last year but she went to court seeking orders to have the police restrained from apprehending her.
The application was later dismissed prompting her arrest over the weekend.
On Monday, efforts by her lawyers, Mr Lawrence Mbaabu and Mr Gordon Ogolla to have her plea to the offence before conducting a mental examination were fruitless as Mr Omtelema noted the defence would use the same to defeat the case.
“Allowing her to plead before ascertaining the mental status would be fatal to this case because fitness is a prerequisite to pleading to murder offences,” he said.
Justice Anyara Emukule ordered that Ms Wanjiru take mental tests later in the day to pave way for the plea taking on Tuesday morning.
Mr Mpoe and Mr Kitu were shot at close range at Njoro Junction as they were travelling towards Nakuru on December 21, 2010.
Mr Mpoe’s brother who was also in the same car was shot five times but survived the ordeal.
Two more people have been arrested in connection with the murders.

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