Erick Mutinda, a suspect in the killing of Multimedia University (MMU) student Sylvia Kemunto has been charged with murder.
Mutinda appeared before Justice Diana Kavenza and denied the charge of murder.
Court adjourned the matter to facilitate a mental assessment of the accused.
Justice Kavenza ordered that Mutinda be remanded at Nairobi Remand Prison and escorted to Mbagathi Hospital for psychiatric evaluation.
Bail was denied at this stage, pending the submission of a report from the Probation Officer. The State and the victim’s lawyer were directed to file and serve their affidavits within seven days.
Mutinda will remain in custody for 30 days, with a mention scheduled for May 29, to fix a hearing date and provide further directions on the bail application.
The accused’s lawyer told the court that the State had failed to facilitate the mental assessment so far and reminded the Court that there is a presumption of sanity in all criminal proceedings unless proven otherwise.
“If the report comes back negative, we will know how to handle the matter,” court noted.
The defence also indicated that they will be applying for bail, citing that Mutinda is 19 years old, a university student pursuing a degree in telecommunications, and not a flight risk.
“He voluntarily presented himself to the police, resides in Sultan Hamud, and does not possess a passport that would enable him to leave the jurisdiction,” the lawyer submitted.
The family of the late Sylvia Kemunto, through their lawyer, Danstan Omari and Sam Nyaberi supported the submissions made by the State and indicated they would seek leave of the court to respond should a formal bail application be made.
The family further stated that they would be opposing any application for bail.
