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Court grants temporary freedom to woman whose ‘boyfriend died during sex’

A Nairobi court has handed temporary freedom to a woman who’s been in custody in relation to the death of a man she reportedly was having a cozy time with.

Pending the conclusion of investigations, Milimani senior principal magistrate Zainab Abdul freed Judy Mwelu Mutinda on a cash bail of Sh50,000.

The court also ruled that the prosecution should decide whether or not Mutinda had a case to answer in 14 days.

Ms Abdul ordered Judy to be reporting daily to the Investigating Officer Stephen Kibei until further orders of the court.

While pleading with the magistrate to free Mutinda on bond, a defence lawyer argued Judy is not a flight risk.

Police were seeking to detain her over the death of a 40-year old man who died while reportedly having a good time at an apartment in Kilimani area Nairobi.

The magistrate was informed Judy is an employee of a government agency and has promised to cooperate with the police to conclude the pending investigations.

Determining the bail plea Ms Abdul stated : “I have considered the application and circumstances leading to the death, it has been stated that the respondent raised an alarm and that shows she did not intend to flee or hide. In addition, her place of work has been disclosed.”

In an application filed by the office of Directorate Criminal Investigations (DCI) it was disclosed that the deceased Josphat Ngaruiya Kimana died while making love with Judy on February 28th 2022 at Myra Apartment along Kindaruma road within Kilimani.

“Upon a brief interrogation , the respondent herein (Judy) admitted that they checked in the apartment on February 28th 2022 at 1700hrs and while having sex with the deceased he started producing a whizzing sound then he alighted from the bed, sat on the floor next to the bed while gasping for air,” the application filed in court read in part.

Further, Judy also told the police that she tried to enquire from him what was happening but the deceased never responded which prompted her to seek intervention of the apartments management where emergency services were called in but he had already died.

Mr Kibei in his affidavit told the court that a team of police officers from Kilimani sub-county visited the scene and found the body of one Josphat Ngaruiya Kimani aged 40 years in a sitting position leaning on the wall of the bedroom adjacent to the bed while blood and froth oozing from the mouth and nose.

The magistrate heard medicine, alcoholic drinks and soft drinks were collected from the scene of crime for analysis to ascertain the cause of death.

“That a research was conducted in the house where several assorted medicine, alcoholic drinks and soft drinks believed to be of the deceased was recovered and kept as exhibits,” Mr Kibei states in an affidavit filed in court.

Kibet further told the court that continued detention of Judy Mwelu Mutinda is necessary for furtherance and finalizing of investigations and that her release could further lead to interference with the investigations.

Ms Abdul allowed the defence plea and proceeded to release Judy on a Sh50,000 cash bail and ordered her to report at Kilimani police station at 9am daily for police to complete investigations of murder.

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