
Police Scene
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In a heartbreaking incident on May 19, 2018, Ruthcaster Katheu Mutuku, a wardress at Shimo la Tewa Women’s Prison, lost her life following a violent altercation with her husband.
At approximately 2 a.m., Mutuku made a desperate phone call to her father, pleading, “Dad! I’m being killed," marking her last communication before being hospitalized in Mombasa, where she ultimately succumbed to her injuries. The violence reportedly stemmed from a domestic dispute triggered by the couple's crying baby. At the time of the incident, both Mutuku and her husband, David Onyango Ochieng, who is also a prison warder, were asleep.
An argument ensued when Ochieng requested his wife to breastfeed their child, escalating into a physical confrontation. It is alleged that Ochieng stepped on Mutuku's abdomen, inflicting severe injuries, including broken ribs and damaged intestines. Despite her critical condition, Ms. Mutuku managed to alert the duty officer at the prison quarters about the assault before seeking medical assistance.
While hospitalized, she provided accounts of the incident to friends, relatives, and medical staff, detailing the nature of her husband's aggression. Tragically, she passed away the following day, and Ochieng was charged with murder. In the subsequent trial at the High Court in Mombasa, Ms. Mutuku's statements made in her dying moments were pivotal. Under Section 33(a) of the Evidence Act, Cap. 80, such declarations from deceased individuals are admissible in court under specific conditions.
The court reviewed testimonies from individuals who spoke to Mutuku prior to her death, alongside medical records that documented the extent of her injuries. Sebastian Mutisya, Mutuku's father, testified regarding the phone call he received at 2 a.m., in which she conveyed her dire circumstances. Attempts to reach Ochieng by Mr. Mutisya were met with silence. He also contacted his other daughter, Dorcas Kathangwa, who similarly failed to communicate with both the accused and the deceased.
Kathangwa confirmed that her sister had called her in acute pain and unable to walk. Dr. Alphonce Adala, who treated Ms. Mutuku at Swiss Cottage Hospital in Mtwapa, reported that she was admitted with abdominal pain and a history of an assault. Medical intervention included pain relief and a referral for a pelvic scan that later confirmed internal injuries. Inspector James Museko, stationed at Shimo la Tewa Prisons, corroborated that Mutuku had reported the assault around 1:40 a.m.
On January 16, Justice Wendy Micheni convicted Ochieng of murder, sentencing him to 20 years in prison.