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‘I will call you later’: Woman’s last message to friend before she was murdered in Kilifi

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By Wanja Waweru

“I tried calling her twice on the evening of May 4, 2021, but she responded with a text message saying she would call me back later. It was the last time I heard from her.”

This is the statement Patronilah Kijana gave when she appeared as a witness in the murder of her friend Ngina Kitheka.

In May 2021, Kitheka’s body was discovered at her house in Mtwapa, Kilifi County, tucked inside a wardrobe.

The main suspect in the murder is Robert Waliaula Kinisu, who was given the death penalty in 2018 for robbery with violence. Between May 3 and May 6, 2021, he is said to have killed Kitheka before selling her belongings.

On Tuesday, Kijana thought back to their final exchange before learning of the deceased’s passing.

She explained to Justice Ann Ong’injo that it was unusual for Kitheka to not answer her call.

“Kitheka did not reject my call or respond via text message for more than a year of our friendship. This was unusual. I, however, waited for her call,” she said while being questioned by State Counsel Bernard Ngiri.

The witness claimed that while waiting for her friend to call back as promised, she grew busy with funeral arrangements at home. She had traveled to Bungoma for a burial, the witness claimed.

Three days later, Kitheka was murdered inside her home, according to a friend who only went by the name of Monica, who called Kijana to inform her of the news.

“I was shocked because she never allowed anyone to enter her house,” the witness said of Kitheka.

The 42-year-old witness said she met Kitheka in 2020 at a club in Mtwapa. They became close friends and remained so until her death.

“Every evening, we would meet at the club, have fun, leave, and walk home together. We even started working out together every morning,” she said during questioning by Waliaula’s lawyer, Derick Mwanzia.

The witness claimed that every day from 6 to 7 am, she would go to Kitheka’s home and the two would head to the rooftop of the apartment building to work out.

The witness claimed that while they were acquainted, Kitheka disclosed to her that she was dating a white man who lived abroad.

Kijana confirmed that she had never seen Kitheka with any man except one whom they met at a club within Mtwapa.

The witness claimed that every day from 6 to 7 am, she would go to Kitheka’s home and the two would head to the rooftop of the apartment building to work out.

The witness claimed that while they were acquainted, Kitheka disclosed to her that she was dating a white man who lived abroad.

The only man Kitheka had ever been with, according to Kijana, was the one they met in a club in Mtwapa.

“The deceased later told me that the man wanted to date her. She mentioned that the guy told her that he was a broker, selling motor vehicles, and he would like to introduce her to the business,” Kijana said.

She reportedly warned her friend to be cautious of the unidentified man, because most people claiming to be brokers were conmen.

“I am not sure if the deceased ever had a relationship with the broker guy. I do know that the deceased had only one white man. She did not have many friends, and she preferred to keep her life and affairs private,” she explained, adding that Kitheka only let a few people into her home.

In court, Kijana successfully identified Kitheka’s goods that were retrieved from Waliaula.

Alfred Kombe, a different witness, was a security guard in the apartment complex where Kitheka resided.

“The deceased used to live alone. When I last saw her, she left her room alone at around 11pm with a handbag and she later returned alone,” he testified in court.

The witness confirmed he had never seen Kitheka with a man; she was always alone when she left, and alone when she came back to the house.

“I did not see anyone who was not a tenant enter the compound or any of the rooms during the night. I worked at night, so I do not know what happened during the day,” the witness explained

He stated that he was astounded to learn that Kitheka had been murdered inside her home.

“I received a call from the property’s owner at around 11am. He enquired if I had left work and if everything was all right. He then told me that there was a foul smell coming from one of the houses and that I should go back,” he said.

When Kombe went back, he found police officers in the compound.

“The deceased’s room was locked so the police broke the door before removing her body from the wardrobe. The deceased occupied the fourth unit on the ground floor,” he said.

In a study presented in court, David Ngumbao, an analyst with the Government Chemist, testified that Kitheka did not consume any harmful substances before she passed away.

The stomach and its contents, the liver, and the kidney were the sources of the samples sent for analysis.

Ngumbao was tasked with determining whether the displays included any harmful materials that would have contributed to Kitheka’s demise.

“After analysis, I concluded that there was no toxic substance found in the exhibits analysed,” said the witness.

The furniture that could be positively identified as belonging to Kitheka was discovered in a store run by Hamisi Mohamed.

In exchange for money, the murder suspect had left the things at Mohamed’s store.

Waliaula was positively identified as the person who left the things at his shop in Mtwapa by Mohamed, who also testified in the case.

The businessman concluded his testimony by stating that Waliaula was the one who sold him the items taken from Kitheka’s home for Sh1,550, which he paid the suspect over M-Pesa.

A toaster, juice mixer, iron box, and blender were among the items.

It has been established that these items were taken from the Kitheka’s home following her murder. Kitheka’s murder has been rejected by Waliaula.

According to information provided to the court, the suspect killed the woman and concealed her body in the wardrobe at her home in the Marina neighborhood of Mtwapa before fleeing with her possessions, including her cell phones.

About three days after her death, the body was found.

2019 saw the High Court’s acquittal of Waliaula for the violent robbery and murder of Mombasa-based model Janet Adhiambo Asuna at her Kizingo residence.

Johansen Oduor, a government pathologist, and two other crucial witnesses are anticipated to conclude the prosecution’s case.

The hearing will go on on July 7, 2023

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Courts

City pastor accused of defrauding Kenyans in the USA of Sh6.8 million

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By Wanja Waweru

A city preacher has been accused with stealing Sh6.8 million from two sisters and their friend who lives in the USA while he pretended to be in a position to buy them land in Nairobi.

Catherine Wairimu Ng’ang’a of the Githurai-based Arise and Healing and Deliverance Church was charged At the Milimani courts.

When she was prosecuted in front of senior main magistrate Zainab Abdul, she contested four counts of receiving money under false pretenses.

The lady pastor, 53, was charged with cheating Noel Njeri Ngure, Lilian Muthoni Ngure, and Anne Nyambura Njogu between February and September 2021 of a huge sum.

The magistrate was informed that Pastor Wairimu collected Sh4 million from Noel under the pretense that she could sell her a land of land number Mowlem/Nairobi Block 169/285, a fact she knew to be false.

The preacher was suspected of receiving the Sh4m on several times between February 1 and August 12 2021 when he was detained by authorities on May 28, 2023.

The preacher was accused of accepting Sh1,735,000 from Lilian Muthoni Ngure between March 12 and August 12, 2021, despite knowing that she was lying when she said she could sell her a piece of land with the address Mowlem/Nairobi Block 169/287.

According to the third count, she received a second trump of Sh900,000 from Lilian Muthoni Ngure on August 31 and September 24, 2021, pretending to sell to her three stalls at New Wakulima Kangundo Road Market.

The magistrate learned that the pastor was lying and that she was not in a position to do so.

The preacher was accused of defrauding Ann Nyambura Njogu of Sh253,200 in the fourth allegation against her. She had claimed to be in a position to sell Njogu a piece of land in Mowlem/Nairobi Block 169/286.

Pastor Wairimu requested release on bail, pledging to follow the judge’s orders.

Her release on bond was not opposed by the prosecution.

She was then freed by Ms. Abdul on a Sh500,000 cash bail with one contact person.

On June 12, 2023, her case will be brought up for pre-trial instructions.

Pastor Wairimu will then meet with her accusers at the hearing date that Ms. Abdul will establish.

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Boda boda rider convicted of forging KDF staff card escapes jail term

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By Wanja Waweru

A boda boda driver who was caught carrying a bogus military identification card that claimed to be from the Kenya Defence Forces (KDF) has been granted a reprieve after the court released him.

Gabriel Owino, who pleaded guilty to charges of creating a document without authorization in violation of section 357(a) of the penal code, had on Friday begged with Principal Magistrate Hellen Okwani at the Makadara Law Courts not to sentence him to incarceration.

Mr. Owino had acknowledged that, on an unspecified date in February of this year, he had made a KDF certificate of appointment along River Road in Nairobi’s CBD.

Additionally, he admitted guilt to a charge of having contraband government supplies to section 324 (2) of the penal code.

The crime of possessing government shops includes having items like uniforms and handcuffs that are only used by members of disciplined services.

Mr. Owino was discovered in possession of a military ID card that belonged to a KDF officer, a Kenya Airforce uniform, and a truck suit jacket bearing the name Defense Forces Technical College (DFTC), all of which were thought to have been taken illegally or fraudulently from the KDF.

Following combined investigations by the police, military intelligence, and military police, he was apprehended on May 20, 2023 in Tassia Estate in Embakasi, Nairobi, and was discovered in possession of the military staff card of a KDF officer.

The following day, Mr. Owino took the police to a location in Ngong, Kajiado County where they found the phony ID card with his name and photo on it, together with a Kenya Airforce uniform and a truck suit that belonged to DFTC. However, Mr. Owino was unable to explain how he came into possession of these materials.

When the passport photo of him that was used to create the fake card was taken, Mr. Owino claimed to the court that he was wearing uniforms belonged to his friend who works for the Kenya Airforce.

The graphic designer in River Road created the phony KDF staff card for him, showing he is a member of the KDF, despite his earlier assurances to the army friend that the photograph would never be made public a serving with Kenya Airforce holding the rank of a senior private.

On the real KDF officer’s card that he was discovered to have, Mr. Owino informed Ms. Okwani that a Kenya Airforce officer had sent him to his residence in the Tassia estate to obtain a military ID card and an ATM card. He was supposed to use these cards to attempt a cash withdrawal at a nearby bank agent, but failed when the agent’s operator disallowed him from doing so.

Before losing the card that had his photo on it and learning that military police were hunting for him, he claimed to have kept the officer’s cards.

Some of the things were later taken by Mr. Owino to his friend’s home in Ngong, where they were found.

He admitted to Ms. Okwani that he has been riding in the CBD illegally for a number of months despite having a phony ID that he has been presenting to law enforcement officials from Nairobi County.

The defendant pleaded with the judge to pardon him, saying that his wife and child are dependent exclusively on him. His wife and the child were present in court.

Since being charged and entering a guilty plea on May 22, 2023, Mr. Owino had been held on remand.

In accordance with Section 35 (1) of the Penal Code, Ms. Okwani released him and imposed a five-year prohibition on his future criminal activity.

 

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‘Reconcile with your spouse, July is coming,’ magistrate tells man who broke wife’s bed

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Following their breakup, a man is accused of allegedly smashing his ex-girlfriend’s Sh6,000 bed at her home in Nairobi’s Githurai estate into pieces.

This is in violation of section 339 (1) of the penal code, which prohibits malicious damage to property.

On May 24, 2023, Daniel Omwaka was accused of intentionally destroying Casty Mukami’s wooden bed in the Makadara Law courts.

On that day, Mr. Omwaka, who had left the residence a few days prior, allegedly returned while Ms. Mukami was there with family. He allegedly grabbed a knife and threatened to stab her.

After dropping the knife, the accused man allegedly destroyed the bed with a hammer before fleeing the scene. The incident was reported to the police by Ms. Mukami. The next day, after he was arrested, the defendant went back home.

In front of Principal Magistrate Hellen Okwani, he refuted the accusations and claimed that the complainant was his wife.

The culprit was freed by Ms. Okwani after posting a Sh5,000 cash bail and was instructed to make amends with his wife by informing her that “July is coming.”

Before the hearing begins on November 15, 2023, the case will be discussed on August 21, 2023.

Three witnesses, including Ms. Mukami, a member of her family, and a police officer who looked into the situation, have been named by the prosecution to testify in the case.

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