A high school teacher who was held but later released over the illness of the late Machakos Senator Boniface Kabaka will on January 28 know if the court will exonerate her.
On Thursday, the prosecution told senior resident magistrate David Ndungi that a report from the Government Chemist was not ready. A report from cybercrime was also not ready.
"We are seeking more time to complete all our investigations since a medical report from the hospital has not been furnished to the investigating officer," the prosecution said.
Esther Nthenya Muli, through lawyer Dan Maanzo, did not oppose the prosecution’s application.
Ndungi directed the case to be mentioned on January 28 to confirm whether the reports will be ready.
Nthenya, 45, was arrested in early December 2020 and detained pending investigations. She was freed on a personal bond.
Nthenya, the deputy principal at Mathemba Secondary School in Makueni county, was detained as police investigated an attempted murder claim, but she was released after the Director of Public Prosecutions (DPP) ruled out any criminal charges.
The prosecution told the court that Senator Kabaka had driven himself to the apartment-hotel in Kilimani on the Elgeyo Marakwet Road in the afternoon.
He booked a room where Nthenya joined him at about 3pm.
The court heard the senator had looked well when he checked in and ordered food and drinks.
The magistrate said, "It is necessary to detain the woman who was with the politician at 3Dee Apartments for a while to see if the senator would improve.”
The court was told the politician collapsed after he was joined by Nthenya. Food and drinks were served by the staff.
The senator was rushed by an ambulance to Nairobi Hospital where he was admitted to the ICU. Surgery was performed on December 4, 2020, but he later died.