School principal charged with husband’s murder seeks bail
Jane Muthoni, former principal of Icaciri Secondary School in Gatundu South, Kiambu County, at the Kiambu High Court on July 26, 2017. She has been charged which killing her husband, Solomon Mwangi in November 2016. PHOTO | ERIC WAINAINA | NATION MEDIA GROUP
What you need to know:
- She is charged with the killing of Kiru Boys High School Principal Solomon Mwangi.
- Mr Mwangi's strangled body was found dumped in a thicket in Kiambu County in November 2016.
- With about 20 witnesses yet to testify, she was apprehensive that it might take two years to conclude the case.
A former principal of Icaciri Secondary School in Kiambu who is on trial for the murder of her husband almost broke down as she pleaded with the court to be granted bail.
Jane Muthoni on Wednesday made an emotional appeal to Justice Joel Ngugi in Kiambu that she be released on bond as soon as possible “for the sake of my children who are suffering because they lack the parental care they need”.
She is charged with the killing of Kiru Boys High School Principal Solomon Mwangi, whose strangled body was found dumped in a thicket in Kiambu County in November 2016.
The late Solomon Mwangi, principal of Kiru Boys High School in Murang'a who was murdered in November 2016.
9 MONTHS IN CUSTODY
Ms Muthoni, who was speaking for the first time since her trial began, and who has been in custody for almost nine months now, told the High Court that her continued incarceration has denied her four children, who are minors, the right to parental care to an extent that they might be kicked out of school due to unpaid fees.
Her children, she said, have been living with her sister, who, however, cannot give them the best, saying “it’s only my freedom that can save them from the suffering they are in”.
Said Ms Muthoni: “I am not saying that my sister who is living with my children is not doing the best; she is trying, by all means…but, Your Honour, if you find it fit — and I trust it upon you because you are the only hope that I have — please allow me to go and facilitate payment of fees.
“My children have really suffered. Right now, my first-born daughter is going to her second year in university in September while my twins are in Form Two and we have not even cleared the fees.”
Forensic experts dust the vehicle that was used by the slain Kiru principal's wife, Jane Muthoni Mbuthi, to pick him up from his school before he was later found murdered. FILE PHOTO | MARTIN MWAURA | NATION MEDIA GROUP
20 WITNESSES
With about 20 witnesses yet to testify, she was apprehensive that it might take two years to conclude the case and this could mean that she will remain in custody while her children continue suffering since her in-laws are unwilling to give a helping hand.
If freed, said Ms Muthoni, she will not interfere with or influence the remaining witnesses.
“I am no longer the principal of Icaciri and, from my character, I have never ever interfered or threatened any witness, and I will keep my word,” said Ms Muthoni in response to an allegation by the prosecution that she might influence or interfere with witnesses.
Before she requested for an opportunity to speak, the prosecution and the defence were sharply divided as to whether she, and a co-accused Isaac Ng'ang'a, should be released on bond.
Kiru Boys High School in Murang'a County where Solomon Mwangi was principal until he was murdered in November 2016. FILE PHOTO | MARTIN MWAURA | NATION MEDIA GROUP
FLIGHT RISK
The prosecution led by State Counsel Catherine Mwaniki and Wokabi Mathenge, who is representing the deceased’s family, told the court that the accused persons are a flight risk especially because they gathered new and stronger evidence against them which could make them elope.
Ms Mwaniki said Ms Muthoni was likely to interfere with the remaining witnesses, some of whom she described as venerable because they include an M-Pesa agent who was her first target, her deputy and watchman at Icaciri.
Further, Ms Mwaniki said one of her accomplices, Mr Nelson Njiru who is said to have put together the murder squad, is still at large, and if released, they could team up and plan how to scuttle the case.
Students of Kiru Boys High School sing during the burial of their principal, Solomon Mbuthi Mwangi, at Mairo Inya Village in Ndaragwa, Nyandarua County, on November 26, 2016. FILE PHOTO | JOHN GITHINJI | NATION MEDIA GROUP
RIGHT TO BAIL
But defence lawyers Francis Njanja and Kihanga Mwangi, representing Ms Muthoni and Mr Ng’ang’a respectively, objected to the application, arguing that apart from the fact that duo are not a flight risk, they have a right to bail.
They also told the court that the Ms Muthoni’s four children are suffering because they no longer have the much-needed parental care, while Mr Ng’ang’a is the sole breadwinner for his wife, two children and aging mother.
The defence also tore into the prosecution’s argument that some of the pending witnesses were venerable, and therefore the duo should remain in custody until they give their evidence.
Jane Muthoni and her co-accused, Isaac Ng’ang’a, alias Gikuyu, at the Kiambu High Court on June 13, 2017. They are accused of murdering Solomon Mwangi, who was the headteacher of Kiru Boys High School. FILE PHOTO | ERIC WAINAINA | NATION MEDIA GROUP
VULNERABLE WITNESSES
According to Mr Njanja, when the prosecution fist applied for orders to have Ms Muthoni incarcerated in November 2016.
The judge in a ruling dated November 24, 2016, indicated that he would be willing to grant them bail if all the venerable witnesses testified.
The state, he said indicated that the venerable witnesses were the accused’s four children, who have already testified before court, and wondered what other compelling reasons were remaining to have Ms Muthoni detained further.
A ruling on the matter will be made on September 6.
