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Court allows police to detain house help suspected of murder

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A Kiambu Court has allowed police to detain a house help for 14 days at Muthaiga Police station on suspicion that she murdered a baby who had been left in her custody.

The 11-month-old baby was found with injuries on the head on August 9 and succumbed to the injuries three days later while admitted at the Nairobi Hospital as the suspect remained at large.

Kiambu Senior Principal Magistrate Ms. Stella Atambo granted the prayers contained in an affidavit sworn before her on Monday by Corporal Phillip Kilonzo that he holds Eunice Asumwa Oteko for 14 days to enable him complete his investigations.

In a miscellaneous application no 412 of 2019, Cpl. Kilonzo told the court that he believed that the suspect had crucial information that could aid in unveiling the mysterious death of James Kweh Kuru or may have been involved in causing his death.

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He said in his affidavit that the deceased had been left in the custody of the suspect by its mother when she went to work in the morning. At about 10.00a.m, she received information that the baby was unconscious and the house help was missing.

Cpl. Kilonzo told court that the child was rushed to Magadi Hospital then to Nairobi hospital where upon examination, it was discovered that the baby had injuries on the head. He later succumbed to the injuries and following a post mortem examination conducted on 15th August, it was confirmed that the cause of death was due to blunt force trauma on the occipital area.

Further, it was confirmed that the deceased sustained injuries on the head, ribs and underneath the right eye which the pathologist confirmed were sustained at different times which he opined that were consistent with child abuse.

The suspect was arrested a month later at Tata chemicals limited, Magadi and her fixed abode are not known therefore the need to detain her as she is a flight risk. The investigating officer said he also needed to conduct a post psychiatric examination prior to charging her with the offence of murder.

He says the suspect was found with a mobile phone which is believed to have crucial information hence need to be subjected to forensic examination. The officer also requires to recover the murder weapon and also interrogate the suspect.

When the magistrate sought her opinion on the application, she said that she did not murder the baby but that the baby slid and fell on slippery floor of the kitchen where water had spilled “It was an accident and I did not hurt the baby deliberately,” she responded.

Ms. Atambo told her that in case she had any information, she would be given an opportunity to defend herself in court during the hearing. She then agreed to let the officer carry out his investigations.

The case will be mentioned on 24th September.

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