The murder trial of a 31-year-old man accused of hacking to death Moi University medical student Ivy Wangeci in 2019, has been thrown into disarray after his lawyer withdrew from the hearing of the case at the eleventh hour.
This is the fifth time in a row the case has failed to kick-off the Eldoret High Court presided over by Justice Stephen Githinji.
This was after the accused person’s newly appointed advocate Henry Kenei who is also the Law Society of Kenya North Rift chapter Treasurer, withdrew from the case at the last minute to the disappointment of the victim’s family.
Kinuthia’s initial lawyer, Mbiu Kamau stepped down from representing him in November 2020 before the office of the Chief Justice and the Pro Bono service committee appointed Kenei to represent him
Naftali Kinuthia, a computer science graduate has denied before the High Court in Eldoret over the killing of the sixth year student at Moi University School of medicine.
Kinuthia who has been locked up at the Eldoret GK prison since he was arrested by the police three years ago, committed the alleged crime on April 9, 2019.
The suspect, who was armed with an axe, attacked and hit the deceased’s head outside the Moi Teaching and Referral Hospital before attempting to escape from the scene.
Angry boda boda riders, who saw the drama, caught up with him and pelted him with stones and other crude weapons before he was rescued by police officers who were on patrol and rushed to hospital’s high dependency unit where he was admitted for one month over the injuries he sustained from the vicious attack.
Kinuthia and his deceased girlfriend are said to have studied at Joy land academy in Thika town, Kiambu County, before separating at high school, but kept in touch.
The slain medical student’s family, who attended the scheduled hearing yesterday, expressed their fear that the postponement of the trial murder case might cause delay in justice or no justice at all.
The distraught family has termed as deliberate delay tactics by the accused person, while calling for speedy justice for their deceased daughter.
According to the late Wangeci’s family advocate, Kiroko Ndegwa, the state council representing Kinuthia withdrew from the case citing disagreement with his client.
The move forced Justice Stephen Githinji to postpone the hearing again.
Defense has occasioned the delay
Ndegwa said despite the family and the eight witnesses attending all the past five court sessions in anticipation of commencement of the hearing, the defense has occasioned the delay.
“It is sad that as we speak today, the hearing of this matter has not begun, the main challenge we have and that has led to the delay is the defense side. The matter was to come up for hearing today for the fifth time but unfortunately the defense council decided to withdraw from representing the accused person, leading to further postponement,” argued Ndegwa.
He stated that it is the third year since the incident happened but up to now the prosecution has never opened because of well-calculated moves by the defense to frustrate speedy hearing and determination of the case.
John King’ori, uncle of the slain medical student, said they have been pursuing the matter which has been costly to them since they have to travel from different parts of the country.
“We have been here to attend court sessions several times. Some of us have come from Nyeri, Thika, Nairobi,Coast and travelling and booking hotels is costly,” he argued.
Disappointment and frustration by the turn of events
Winfred Waithera King’ori, the slain student’s mother, expressed her disappointment and frustration by the turn of events.
“Since 2019 I have always wished I was born in another country where there is justice .What I have learned through this process is that the accused people in the cells have got rights but the victims have no rights and that is why nobody cares about the emotional or financial distress you go through,” said King’ori who is also a high school
teacher in Nyeri county.
She told the court that whenever they travel to Eldoret, Ivy’s relatives go into mourning.
“For how long is the agony going to continue? How many mothers are going to be stressed and frustrated when such matters portray potential lack of justice? When the defense cannot appear for 5 times, where are the poor Kenyans supposed to seek justice?” posed King’ori.
Before Kinuthia’s new advocate withdrew from the case, he had on March 23, appeared in court virtually and requested for the adjournment of the case to another date to allow him to prepare and familiarize with the case.
The case will be heard on June 9 2021.