Ceasar Thiari, the brother of former Mukurweini MP Kabando wa Kabando, who is accused of killing their mother using a machete has a case to answer, the High Court has ruled.
Justice Jairus Ngaah put Mr Thiari on defence after finding that the prosecution has established a case against him.
“I have duly considered the prosecution evidence and I am satisfied that a case has been made out against the accused person sufficiently to require him to make a defence,” Justice Ngaah ruled.
The ruling came after Director of Public Prosecution through senior counsel Festus Njue pleaded with the court to put Mr Thiari into his defence.
After the judge’s decision, Mr Thiari told the court that while making his defence he would like to make a sworn statement from the dock.
The court further heard that Mr Thiari has no witnesses to defend him against the charges.
Mr Thiari is charged with murdering 70-year-old Rose Wachera Mwangi on July 27, 2014, at her home in Kaini village, Mukurwe-ini, Nyeri County.
Sixteen witnesses appeared in court to testify against Mr Thiari. They included neighbours, police officers, detectives from Directorate of Criminal Investigations, psychiatrist, pathologist and government analyst.
The 16th witness, presented in court by Senior Counsel Kennedy Magoma, said that according to his analysis, Wachera was hacked to death as she ran to save her life.
Investigating officer Patrick Oyalo said Wachera’s body was lying about 30 metres from her house and 12 metres from the main gate.
“I arrived at the scene at about 2.30pm and found the deceased’s body lying in a pool of blood. Only a small piece of flesh on the neck was connecting the head to the body,” he said.
“There were also blood drops towards the house. I followed the blood drops up to a point near the house where there were two chairs. I realised that Wachera was separating beans from chaff on a tray before the incident,” Mr Oyalo said.
He added that the victim had deep cuts on the head, back, shoulders and hands and that she screamed for help before she died.
“Residents volunteered to speak to me. Among them was Lydia Wairimu, Lydia Gathoni and Agnes Njeri who responded to the screams and they told me they met the accused at the gate saying ‘nimemmaliza’ (I have finished her),” said Mr Oyalo, who is now at Kisumu’s Directorate of Criminal Investigations.
However, Mr Thiari, through his lawyer, disputed the witnesses’ evidence, saying some statements had discrepancies.
The defence hearing will begin on June 7.