Court has set free a 25-year-old woman who was arrested and taken to court over the demise of a 40-year-old man that occurred during intercourse at an apartment in Kilimani area, according to a miscellaneous application filed in court by a DCI officer.
Milimani Law Courts' Senior Resident Magistrate Zainab Abdul closed the miscellaneous application and ordered a public inquest to be filed at the Magistrate's Court following a recommendation by the Director of Public Prosecutions.
"There is a recommendation by DPP (Director of Public Prosecutions) that the matter is disposed of by way of public inquest. I hereby order the file closed and the cash bail refunded to the depositor," the magistrate ruled.
Prosecutor Abel Omariba had informed the court that the DPP through a letter addressed to DCIO Kilimani had requested the matter to be closed and the respondent discharged having found no evidence linking her to the demise of the man who is identified as JN.
"I have carefully read the witness statements and the suspect's version of events and exhibits. Postmortem indicated the deceased passed on due to intracranial haemorrhage due to ruptured left posterior coruscating cerebral artery," the letter addressed to DCIO by DPP read in part.
The letter further indicated that the deceased's wife and sister, in their statements, told the police that the deceased was not suffering from any underlying conditions.
Based on the DPP's letter, the prosecuting counsel asked the court to discharge the respondent JM since "no tangible evidence linked her to the deceased's death".
Through a miscellaneous application filed in court on Wednesday, March 2, by PC Stephen Kibei, an officer from DCI, the deceased, JN, passed on while having sex with the 25-year-old lady identified on February 28, 2022, at Myra apartment along Kindaruma road.
“That upon brief interrogation, the respondent admitted that they checked in the apartment on February 28, 2022, at 1700hrs and while having sex with the deceased, he started producing whizzing sound before getting off the bed and getting seated on the floor while gasping for air,” the application read in part.