Why police have released Esther Muli before the expiry of 7-day detention order by the Court

Esther Muli, the 45-year-old woman from Wote Town in Makueni County, who was arrested in connection with the sudden ailing of Machakos Senator Boniface Kabaka, has been released.

Her release comes two days after a Nairobi court allowed police seven more days -- beginning Monday, December 7 -- to hold the suspect in lawful custody.

Muli, who was being detained at the Kilimani Police Station, was released on a police cash bail, upon orders from the Milimani Law Courts. We are digging deeper to establish the amount.

K24 Digital understands that Muli was released after Kabaka’s vomit samples analysed at the Government Chemist established that there were no toxins fed to the lawmaker as had been suspected.

Police were holding Muli in custody with the possibility of Kabaka’s poisoning in mind. However, the vomit samples test results indicate there is no foul play in the legislator’s sudden ailment.

The suspect, Esther Nthenya Muli is a 45-year-old widow who works as a teacher at Mathemba High School in Kathonzweni, Makueni County.

Muli was with Kabaka when he suddenly fell ill on December 3.

Investigations established that on Thursday, December 3, Kabaka, at 2pm, drove himself to 3Dee Apartments located on Elgeyo-Marakwet Road in Kilimani, Nairobi.

Kabaka booked Room 306 and checked in, saying he was waiting for a “guest”.

“At the time of his arrival at the apartment, Senator Kabaka’s health appeared normal,” the investigating officer, Police Constable Jason Matete, who is attached to the DCI Headquarters in Nairobi, told Milimani Senior Principal Magistrate Daniel Ndungi on Monday, December 7.

One hour later — 3pm — Muli arrived at the apartment, and went straight to Room 306 where Senator Kabaka had lodged.

“Shortly after Muli’s arrival, the two, by the use of a telephone, ordered drinks and food. The meals were taken to the pair’s room by the apartment employees,” said Matete, the DCI officer investigating the matter.

Later that evening, a frantic Muli alerted the apartment staff members that the senator had fallen ill. According to a Friday, December 4 police statement, Kabaka developed a serious headache, prompting Muli to raise the alarm.

Muli said she gave Kabaka paracetamol tablets, but his health condition did not improve.

On Monday, December 7, the court was told that besides the said-headache, Kabaka was vomiting at the time 3Dee apartment attendants arrived in his room.

“The apartment employees, thereafter, called an ambulance, which arrived and took the senator to Nairobi Hospital, where he was admitted to the intensive care unit wing,” said Matete.

The DCI officer said shortly after receiving information about Kabaka’s hospitalisation, police officers from Kilimani Station rushed to 3Dee Apartment and collected evidence, which was submitted to the Government Chemist for analysis. A Friday (December 4) police report on the incident described some of the evidence as “perishable”.

The Prosecution requested for more time to hold Muli in lawful custody because the investigating officer had not recorded the senator’s statement. Kabaka, as of Tuesday, December 8, was still admitted to Nairobi Hospital ICU, where he has been receiving treatment since Friday, December 4.

Police said they wanted to retrieve and analyse 3Dee Apartment’s CCTV recordings from 2pm Friday, December 3, to the time Senator Kabaka was taken to hospital.

The law enforcement officers also wanted to analyse Muli’s phone and text logs.

Milimani Senior Principal Magistrate Daniel Ndungi on Monday, December 7 allowed police seven more days to hold Muli in custody as investigations into Kabaka’s “suspicious ailing” continue.

Makueni Governor Kivutha Kibwana on Tuesday, December 8, suggested Muli was not to be blamed for Senator Kabaka’s sudden ill health.

“I send my poles to the family of the Hon. Senator Kabaka of Machakos as we pray for his speedy recovery. However, the Rule of Law demands equal treatment for all. A caring lady (from Makueni County) who takes a gentleman in distress to hospital cannot be a murderer. She deserves bail and justice,” said Kibwana on his official Facebook page.