Requiem for girl as suspects detained

Senior resident magistrate Caroline Kemei (In pink scarf) walking to the alter to present her offering during her daughter Maribel Kapolon's requiem mass held at St. Joseph Cathedral church in Meru on September 20, 2018. [Olivia Murithi, Standard]

A requiem mass for Maribel Kapolon was held at St Joseph Cathedral in Meru County yesterday.

Almost the entire student population of Consolata Primary School and their parents, as well as judicial officers, attended the mass.

Maribel’s classmates spoke of their loss during the service that was held without the girl’s body because of a pending postmortem.

“We have lost not just a classmate but a generous friend,” said one boy who read the tribute as almost 30 classmates stood behind him. Nine-year-old Maribel was in Standard Four.

Her classmates also said she wore a permanent smile and was their best athlete who would be missed by the whole school.

Maribel’s mother, Senior Resident Magistrate Caroline Kemei, fought back tears throughout the service. 

Deep thoughts

But Maribel’s class teacher began wailing as soon as the boy reading the classmates’ tribute ended.

Father David Kaberia said while justice would be expected for the family, the congregation should leave the matter to God because “only the supreme Judge knows the deep thoughts of all those gathered here”.

“We pray that those who caused this pain to Maribel and her family realise what they have done and repent,” said the priest.

Only daughter

Maribel, an only daughter, was abducted on September 6 and her body found last Sunday in the Gitoro section of Upper Imenti Forest in Meru municipality.

Later yesterday, Meru Chief Magistrate Hannah Ndung’u allowed police to hold two suspects - Benson Kimathi Marangu and Francis Otundo - for 10 more days as they wind up investigations. 

State counsel Harrison Kiarie had earlier told the magistrate that investigations were yet to be completed, including a postmortem that was being conducted at the Meru Level Five Hospital yesterday .

But lawyer Mutuma Gichuru appearing for Mr Marangu put up a spirited attempt to have him released.

He argued that the the prosecution had held the suspect against the law and the Constitution, and was yet to even let him know what charges he was facing.

He also faulted the State for making two earlier successful applications to hold the suspect without bringing him to court as the law required.

“The omissions and commissions in this first steps of prosecution are a countdown to a mistrial, which we shall not hesitate to apply for at the Supreme Court,” said Mr Gichuru.

The prosecution hit back, saying although the suspect was arrested on September 8, Maribel’s body was only found last Sunday and the pathologist had just arrived to conduct the postmortem.

“We ask the court to consider this matter a grave one of public interest and to allow us the days we have applied for,” he added.

No prejudice

Suspects Francis Otudo and Benson Kimathi Marangu with their lawyer Mutuma Gichuru at the Meru law courts on September 20, 2018 when they appeared before Chief Magistrate Hannah Ndung'u for police to apply for more time to hold them. [Olivia Murithi, Standard]

Ms Ndung’u faulted the State for not bringing the suspect to court at the time but ruled that no prejudice would be suffered by extending the holding period.

Yesterday, Marangu was brought to court alone for an application for extended time to hold him. Otundo was then brought in for another application by Maribel’s maternal uncle, Simon Kosgei.

Mr Kosgei had sought orders to have both suspects’ DNA extracted to enable private forensic investigations to be conducted to establish their role, if any, in the matter.