Tecra Muigai's boyfriend, Omar Lali, will now be charged with felony of murder, the Director of Public Prosecutions (DPP) has decided.
In a virtual court session presided over by Lamu Principal Magistrate Allan Temba on Monday, the DPP said Mr Lali has a case to answer in the death of the Keroche Breweries heiress which occurred on May 2 this year.
According to the DPP, the decision was taken after an exhaustive review of toxicological evidence, detailed post mortem reports, phone records and other documentary exhibits and witnesses' statements.
Lead prosecutor Eddie Kadebe and his colleague Zakaria Kiongo stated that they were fully satisfied that there is sufficient evidence to have Omar Lali take plea for the murder.
During the Monday court session, Tecra's family was represented by Mr Elisha Ongoya and Mr Victor Soita with Senior Counsel James Orengo and Mwaure Waihiga leading the team.
They expressed satisfaction with the decision to charge Mr Lali, who is in his mid-50s, saying that justice was being served as per the law.
They asked that the suspect be arraigned before the judge for plea.
On his side, Mr Lali's advocate, Mr Aboubakar Yusuf, said that while he could not contest the decision to charge his client, he will nonetheless prove his client's innocence.
The court allowed the decision by the DPP to be taken to the next stage for murder plea taking.
"The court has therefore closed the miscellaneous criminal application and it further directs the Homicide detectives to present Omar Lali Omar to the High Court at Garsen within 24 hours to take the murder plea or if unable to present him within 24 hours to give him Police Bond," said Mr Temba.
Since May 27 this year, Mr Lali has been out on a Sh300,000 plus two sureties, including his mother and brother-in-law, after the Lamu Law Courts declined an application by the DPP and the Directorate of Criminal Investigations (DCI) to have the pre-trial detention of Mr Lali extended.
On May 2 this year, Ms Tecra succumbed to injuries she sustained on April 27 after she fell down a flight of stairs at a private house in Shella, Lamu where she was staying with Mr Lali.
She died while receiving treatment at a Nairobi hospital.
Until her death, Tecra was the Strategy and Innovations Directors at Keroche Breweries.
Editor's Note: A previous version of this story had indicated that Mr Lali has been charged. The correct position is that the DPP has made the decision to charge him with felony murder. He is set to take plea tomorrow (Tuesday).