NAIROBI, Kenya, Jan, 28 – The Director of public Prosecution on Thursday withdrew an application requesting the courts to detain Esther Nthenya Muli, after she was accused of the attempted murder of former Machakos Senator Boniface Kabaka in December 2020.
Nthenya is now a free person after the courts through Senior Principal Magistrate Daniel Ndungi terminated the application by the DPP.
“Nthenya has been discharged and set at liberty,” the Senior Principal Magistrate said.
With no charges being preferred against her as part of her release,the Mathemba secondary school teacher will however be expected to report to the Kilimani police station every 14 days.
“After analyzing a report from the government chemist, we could not find sufficient evidence suggesting the late senator was poisoned,” said the prosecution.
Vomit samples collected at the scene of the incident, a Kilimani apartment, did not contain toxins as it had initially been suspected.
Through her legal representation, the teacher had in previous submissions to the court argued against her detainment “yet she did not kill the senator as had earlier been stated.”
The defense even pointed to the fact that she had rushed the Senator to hospital after he started exhibiting breathing difficulties in an attempt to save his life.
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The late senator died while receiving treatment at the Nairobi hospital.
He had been admitted at the Intensive Care Unit (ICU).
Doctors also said the Senator was complaining of severe headaches.
Following his death, his family said, “our beloved senator has gone to be with his lord due to effects of a stroke arising from blood clot that has been troubling him for a while.”
Senator Kabaka was laid to rest at his Masinga home in Machakos County in December 2020.
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