Justice Diana Kavedza of the Kibera High Court has denied bond to Erick Mutinda, the prime suspect in the murder of Sylvia Kemunto, a second-year student at Multimedia University at the time of her death.
Mutinda, also a student at the same institution, will remain in police custody pending the formal plea-taking process. The decision follows a psychiatric evaluation which found him mentally unfit to stand trial, prompting the court to nullify his earlier not guilty plea.
The prosecution had previously expressed concerns over public safety, citing community hostility following the murder. They noted that tensions remained high among students and residents of the university community.
Justice Kavedza acknowledged these concerns, stating that releasing the suspect could threaten public peace and order. She emphasized the need for a pretrial detention in cases where release could incite unrest or jeopardize security.
The court also considered the psychiatric report, which confirmed Mutinda’s mental instability. While noting the supportive role of his mother, the judge expressed concern over the lack of a structured care plan from the family, especially given the mother’s full-time employment.
“There is no evidence before this court of a medical or psychiatric framework that would ensure the proper care of Mutinda if released,” Justice Kavedza said. She added that the safety of both the accused and the public could not be guaranteed under such circumstances.
As a result, the court ruled that it would be irresponsible to release Mutinda on bond and ordered that he remain in custody.
The court also found the initial plea invalid due to the suspect’s mental condition. The case will now be mentioned monthly to assess whether Mutinda becomes fit to take plea.
Mutinda, a first-year electrical engineering student, is accused of murdering Sylvia Kemunto, a fellow student pursuing mass communication and computer science. Kemunto went missing on March 30, and her decomposing body was found on April 2 inside a water tank on the rooftop of a hostel within the university premises.
