A 28-year-old woman, Winfred Mueni, finds herself facing charges of unintentional manslaughter in connection with the death of her 30-year-old lover, Titus Njoroge Kimani. The incident occurred during an intimate encounter within her residence.
Mueni is alleged to have caused Kimani’s death on September 22, 2023, in the Baba Dogo neighborhood of Ruaraka. She is charged under Section 202, read in conjunction with Section 205 of the Penal Code.
The circumstances leading to the charges involve Kimani losing consciousness and falling while reaching climax during their intimate activities, ultimately succumbing to the ordeal. Despite Mueni’s efforts to rush him to the hospital, Kimani was declared dead upon arrival.
The Office of the Director of Public Prosecutions (ODPP) is invoking the legal precedent set by the Nigerian High Court in the 2012 case of Stephen Haruna and the Attorney General. This perspective deems Mueni as the “last person seen with the deceased” before his demise.
The ODPP draws parallels between this case and a prior one in Abuja, where a caretaker named Haruna was convicted for murder based on being the only person present during the landlord’s death. Despite the absence of direct evidence linking Mueni to Kimani’s death during their intimate act, the ODPP insists on charging her on similar grounds.
The main evidence against Mueni, as put forth by the prosecution, includes a used condom found beside the bed and the autopsy report. Notably, Mueni’s husband is listed as a witness against her.
The case has been under investigation for over a month, leading to a conflict between the Directorate of Criminal Investigations (DCI) and the ODPP. While the DCI initially recommended open inquests due to the lack of direct evidence, the ODPP insists on charging Mueni with unintentional manslaughter.
Investigators, speaking anonymously, argue against the necessity of collecting samples from the deceased’s body, as the autopsy report already attributes Kimani’s death to a head injury caused by a blunt object.
The narrative surrounding the events leading to Kimani’s death involves Mueni and Kimani separating the night before. Mueni then went to a bar, where she found her husband planning a burial with others. After the meeting, she continued drinking with friends, and her lover joined them at 9 p.m.
They left together at 9 a.m., and Mueni found her husband asleep at home. After sleeping and having breakfast, her husband left for a burial in Limuru, Kiambu County. Mueni then left home at 1 a.m. to visit her lover for an intimate encounter.
The incident unfolded when, during their intimate act, Kimani began experiencing breathing difficulties, coughing, and losing strength as he reached climax. Despite Mueni’s efforts to seek help, Kimani fainted, hit his head on the bed frame, and ultimately lost consciousness. Emergency services were unable to revive him, leading to Mueni’s arrest.
Winfred Mueni was brought to the Makadara Court on November 10, where she pleaded not guilty before Chief Magistrate Hellen Okwani. She was released on bail of KES 500,000 with a surety of a similar amount. The case is scheduled for mention on February 22, with the hearing set to commence on May 30, 2024.
