Maribel Kapolon murder case moved to High Court in Chuka

Benson Kimathi (left), main suspect in the murder of nine-year-old Maribel Kapolon, consults his lawyer Elias Mutuma when he appeared at the High Court in Meru on October 2, 2018. PHOTO | GITONGA MARETE| NATION MEDIA GROUP

What you need to know:

  • Two suspects, Benson Kimathi, a former prison warder at Kangeta Prison, and Francis Otudo, to undergo mental tests before pleading to the charges.

Two suspects in the murder of a Meru magistrate’s daughter who was found dumped in Gitoro Forest over two weeks ago will be tried at the High Court in Chuka, Tharaka-Nithi County.

Justice Alfred Mabeya, the judge who was presiding over the matter at the High Court in Meru, on Tuesday transferred the case to Chuka.

“For reasons that the deceased was a daughter of the magistrate heading Githongo Law Courts, which is under Meru High Court, I order the trial of this matter be taken by another High Court for the interest of justice and fair trial,” said the judge.

The judge also ordered that the two suspects, Mr Benson Kimathi, a former prison warder at Kangeta Prison, and Mr Francis Otudo, undergo mental tests before pleading to the charges.

“Let the accused be subjected to mental examination within seven days before they take plea. Also let the deputy registrar of Chuka High Court appoint an advocate for the second accused (Francis Otudo).”

The two suspects are facing murder charges.

The court heard that between September 6 and September 16 at unknown location jointly with others who were not in court murdered Maribel Kapolon.

Ms Kapolon, the daughter of Githongo Law Courts Senior Resident Magistrate Carol Kemei, was kidnapped on September 6 and her body found dumped in Gitoro Forest 11 days later.

The case will be mentioned on October 22, 2018 at the Chuka High Court.

Outside the court, Senior principal prosecution counsel Gitonga Muriuki said they have no problem with the court’s decision to have the matter taken to another High Court.

“It is for the justice of the deceased’s family and the accused. With the trial there everyone is happy,” he said.

A post-mortem on Ms Kapolon’s body showed that her killers hit her on the head several times, inflicting serious injuries that resulted in her death.