- The magistrate ordered that Mbithi be detained at Machakos GK Prison.
- She directed that she be reproduced in court on November 14, 2023, when she is expected to take a plea after a mental assessment report is produced in court.
Image: HANDOUT
Phylis Nzula Mbithi, the main suspect in the murder of Mlolongo salonist Jennifer Mwende Musila has been arraigned in Machakos Law Court.
Mbithi appeared before Senior Resident Magistrate Victoria Ochanda but didn’t take a plea on Monday.
Ochanda ordered that the suspect be subjected to mental assessment before she is charged with murder.
The magistrate ordered that Mbithi be detained at Machakos GK Prison.
She will be arraigned again in court on November 14, 2023, when she is expected to take a plea after a mental assessment report is produced in court.
The suspect was arrested after she was intercepted by sleuths from Mlolongo police station as she attempted to flee to the neighbouring country, Tanzania, on Friday night.
She was nabbed as she prepared to cross over to Tanzania in Namanga, Kajiado County with clothes in her baggage.
The detectives said they followed a lead from members of the public and laid in wait for her at the Namanga border town.
They said Mbithi allegedly ordered Everlyn Wanza Katumbu and Faith Nthemba to commit the heinous crime in Mlolongo.
Her arrest happened after two women suspected to have killed the salonist were charged with murder at Machakos High Court.
Both Katumbu and Nthemba, however, pleaded not guilty to the offence when they appeared before Judge Margaret Muigai of Machakos High Court last Thursday.
The duo was presented in court 14 days after the court ordered that they be taken for mental assessment and medical examination on October 12, 2023.
The prosecution read the charge to the suspects before they pleaded not guilty.
The suspects’ advocate Mutava Musyoki was in court when his clients were presented and charges read to them in the open court.
“Everlyn Wanza Katumbu and Faith Nthemba, you have been charged with the offence of murder contrary to Section 203 as read with Section 204 Laws of Kenya. The particulars of the charge are that on August 25, 2023, in Mlolongo phase 2 estate within Athi River Sub County, in collaboration you killed Jennifer Mwende Musila,” the prosecution stated before the two pleaded not guilty to the charge.
Musyoki in his defence of the suspects pleaded with the court to grant them lenient bond or bail terms.
He, however, raised issues with the affidavit filed by the prosecution citing ‘insufficient’ information.
“In regards to the affidavit, the information isn’t sufficient, they seem to have been filled somewhere and brought to be signed,” Musyoki said.
Judge Muigai directed that a probation report on the two be presented to the court before she makes a ruling on the bail or bond application made by the defence lawyer on November 14, 2023.
“The first accused person and the second accused person have pleaded not guilty in regards to the charge read against them. I will wait for a report by the probation officer to rule on the bail or bond terms as prayed for by their lawyer,” Muigai said.
Muigai directed that the investigating officer appear in court on the same day and explain the issues raised in the affidavit by the defence lawyer.
“On November 14, we are expecting three things to be done; you will have filed and signed your response, we shall have the investigations officer cross-examined on an affidavit opposing bail and bond and we shall have the probation officer avail the bail report,” the Judge directed.
“In the meantime, the ODPP office will provide statements and documentary evidence to the accused persons and advocates for the accused person,” Muigai said.
The two were returned to Machakos Women GK Prison where they have been remanded since October 12.
They were arrested following Mwende’s brutal murder.
Her body was found on September 13 dumped in a pit latrine within Mlolongo town, Mavoko subcounty after missing for two weeks.
Mwende was buried at her parent’s home in Katangi, Yatta subcounty within Machakos County.
Autopsy results showed that she was strangled to death.
The post-mortem conducted at Montezuma Monalisa Mortuary in Machakos indicated that the 29-year-old died from asphyxiation, caused by manual neck compression.
The two suspects had previously appeared before Senior Magistrate Barbra Ojoo at Mavoko Law Courts who ordered their detention for 10 days to enable police conduct investigations.