Court gavel//FILE
A Kakamega nurse accused of killing her two young sons will now defend herself in court after a judge ruled that prosecutors had presented sufficient evidence to require her to answer to two murder charges.
Justice Stephen Mbugi made the ruling after the close of the prosecution's case, finding that Derine Maeri has a case to answer over the deaths of Winston Limusi, 9, and Mayson Mito, 7, in December 2022.
The judge said the prosecution had presented evidence establishing that the two children died from manual strangulation and that the accused was the last adult seen with them before their deaths.
"The evidence before court establishes that the children were alive when returned to the accused's custody. The accused was the last adult seen with them before their deaths," Justice Mbugi said.
He added that the prosecution had established more than mere suspicion against the accused.
"Having carefully evaluated all the prosecution evidence, this court is satisfied that the prosecution has established its case against the accused, more than a mere suspicion," he said.
The court relied on evidence from pathologist Dr Dickson Muchana, whose post-mortem reports concluded that the children died from asphyxia caused by manual strangulation.
Justice Mbugi said the medical evidence established both the fact and cause of death and ruled out accidental death or natural causes.
The judge further noted that Maeri sustained a neck injury consistent with an apparent suicide attempt or a self-inflicted injury.
He also said there was no evidence suggesting that another person entered the house and caused the deaths.
According to the prosecution, Maeri allegedly killed her two children before attempting to take her own life. At the time of the incident, she was a nurse at Kakamega County General Hospital.
The court also heard that the two children had different fathers.
Post-mortem findings presented in court indicated that the children had been sedated before they were strangled, although initial reports had suggested they may have been poisoned.
Following the ruling, Maeri will now be placed on her defence as the murder trial continues.
