Woman linked to death of Canadian businessman yet to be traced, court told

From left: Mr Japheth Ang’iyo Omwaka, Ms Caroline Waruguru Gichira and Ms Leila Mbete Mutoko in a Nairobi Court on June 3, 2015. They are accused of murdering Francis Fernand Pelletier in Kilimani, Nairobi, on the night of April 26 and 27, 2015. They did not plead to the charges as they are waiting medical assessment. PHOTO | PAUL WAWERU | NATION MEDIA GROUP

What you need to know:

  • Ms Najma Atieno Ogada had been booked at the Kilimani Police Station a month ago after being arrested alongside three suspected accomplices, Mr Japheth Ang’iyo Omwaka, Ms Caroline Waruguru Gichira and Leila Mbete Mutoko.
  • They are believed to have injected Mr Francis Fernard Pelletier with a lethal dose of heroin.
  • Two weeks ago, the prosecution told the court that samples had been taken to the Government Chemist for analysis to determine the kind of poison that was administered on the Canadian.

A woman who escaped from police custody where she had been held over the killing of a Canadian businessman in Nairobi is yet to be found, a court heard on Wednesday.

Ms Najma Atieno Ogada had been booked at the Kilimani Police Station a month ago after being arrested alongside three suspected accomplices, Mr Japheth Ang’iyo Omwaka, Ms Caroline Waruguru Gichira and Ms Leila Mbete Mutoko.

They are believed to have injected Mr Francis Fernard Pelletier with a lethal dose of heroin.

Mr Ang’iyo has since been charged with murder while Ms Mbeta and Ms Waruguru were on Wednesday ordered to undergo mental examinations before pleading to a similar charge.

Justice Jessie Lessit of the Milimani Law Courts deferred the murder plea against the two suspects to June 17.

She further directed that should the prosecution fail to find Ms Atieno by the next mention date, the charge sheet should be amended to exclude her to allow her suspected accomplices to proceed with the trial.

Two weeks ago, the prosecution told the court that samples had been taken to the Government Chemist for analysis to determine the kind of poison that was injected on the Canadian.

A prosecutor on Wednesday confirmed that the analyst's report as well as the case files were ready.

POSSESSION OF HEROIN

The suspects face a separate case before a court in Kibera where they are charged with being found in possession of heroin worth Sh450.

They also faced a second count of manslaughter, but the DPP reversed it upon perusing the case file and substituted it with murder.

Police say Mr Pelletier died from an overdose of heroin in the company of the female suspects on the night of April 26 and 27 at Kilimani estate in Nairobi.

Mr Ang’iyo has denied the murder charge.

On Wednesday his lawyer, Maina Kagura, asked and was allowed to access the case files in preparation for the proceedings.

Judge Lessit further ordered that the State provide lawyers for Ms Waruguru and Ms Mbete, who are being held at the Lang’ata Women’s Prison, after they are examined and before they plead to the charge.

The suspects will be charged afresh jointly after the processing, the court ruled.

In the Kibera case involving possession of narcotics, the suspects have each been granted a bond of Sh50,000 pending a hearing.