The money was stolen from a safe in her bedroom while she had traveled to the UK to attend to her ailing husband.
A maid who has since fled is believed to have stolen the cash.
Police wanted the maid’s daughter, Grace Waitura Mbugua, “who picked her from the residence and escorted her to Kitengela” detained for a week to finalise investigations, but a court rejected the request.
“Does she have an obligation to show police where the other suspect is? Is she an accomplice?” Milimani law courts magistrate Kennedy Cheruyoit posed before setting the subject free, unconditionally.
The prosecution said Waitura “knows the whereabouts of her mother, Lilian Muthoni Maina, the key suspect” and wanted her detained to help trace her but the magistrate dismissed the application as sought saying it lacked merit and there were no compelling reasons to deny the young girl her freedom.
Nyachae’s wife reported that on September 28 2018 she opened her safe box which was in her bedroom to get some cash but she forgot to take back the safe keys.
On September 30 2018 she traveled to the UK and left her four em,employees taking care of the home.
Grace returned to Kenya on October 7 2018 with her husband after he was discharged from hospital and on the following day, October 8 2018 when she wanted to get some cash from the safe box and after checking where she used to keep the keys she couldn’t find them and went straight to the safe where she found the keys at the key hole.
“That she opened the safe and found all the money she had kept missing, some in foreign currency.
Grace reported the matter to Parklands police station and police visited scene and found one of the employees,LILIAN MUTHONI MAINA had disappeared.
“The investigation commenced and Grace Waitura was arrested on October 29 2018 on the strength of the Safaricom phone calls data which sowed she had picked the suspect and escorted her to Kitengela area,” and affidavit sworn by a CPL Jacob Mong’are reads.
Police believe the young woman has information of the whereabouts of the key suspect ” and if released it will be difficult to arrest and make recovery of the stolen money.”
The magistrate ruled that the subject has no business showing the police where her mother is hiding as above all she has a right to remain silent, a caution that she ought to have been given at the time of her arrest.
Again he wondered of the police want to “visit the sins of a parent on her child!”
Tears of joy
Unlike in the Bible where the sins of the fathers, read parents, are visited upon the children to the fourth generation, the law and the constitution thinks otherwise.
The young woman shed tears of joy upon her release.
Cheruyoit ruled that she is free unless arrested for a specific offence and charged.