The family of Anita Mugweru, who was allegedly murdered by her husband, a Kenya Defence Forces (KDF) officer, has filed an application in court seeking to conduct an independent mental assessment of the officer.
This came barely two months after Captain Edwin Muthomi Kaunga was committed to Mathari National Teaching and Referral Hospital after the court found him unfit to stand trial when he appeared for plea-taking.
Appearing before the Nakuru court Thursday during the mention of the case, Ms Elizabeth Ochieng, representing the family of the deceased, and former Nairobi Governor Mike Sonko, who is an interested party in the case, said they were dissatisfied with an earlier mental evaluation report which concluded that Captain Edwin Kaunga was not mentally fit to take plea.
Ms Ochieng said that they seek to engage a private physiatrist to assess the accused person to examine the accused person regarding his mental state and the reports thereafter filed in court for consideration.
The family also indicated that they will file another application seeking orders to prevent the suspect from threatening the deceased's family.
"As an advocate holding a brief for the family, I received information there has been harassment and intimidation believed to be from the accused person, we have the phone numbers and the call logs. I advised them to press charges to relevant police stations which have been done and we have an OB number for that. We are looking forward to filing the two applications so that in the end justice is served. The court directed that we file a formal application and reply," she said.
According to Ms Achieng the accused person was not present in court since he has been transferred to Mathare mental hospital following the court directions.
"We have discovered today it is a tedious process that requires a lot of approvals from the government and it was finally obtained today, that is why he did not come to court. He has been transferred to Mathare Hospital," she said.
On the accused side through his advocate, they are seeking to file an application to pull out former Nairobi Governor Mike Sonko who is an interested party from the case and also have the accused person's military Identity Card released to the family.
The court directed the family and Sonko to file and serve their applications within 14 days. The court further ordered that responses be filed within 14 days of service.
“Responses to the applications shall be filed within 14 days of service. The case will be mentioned on that day for compliance and status of the accused person,” the judge directed.
Addressing the press after the court session, Mr Sonko noted that he is an interested party on the case because it attracted the public as the deceased was brutally murdered in front of her daughter.
"I am always for the oppressed, I have heard from the court that the accused person’s family wants me out of the matter. We have had other matters in court, which have been successful. I am just here for the family and the minor, we will soldier on till they get justice," he said.
Captain Muthoni was committed to Mathari National Teaching and Referral Hospital on April 28, after a psychiatric assessment found him unfit to stand trial
Kaunga appeared before Nakuru High court judge for plea-taking over the murder of his wife but the proceedings were halted after the Judge ruled that medical findings had indicated that the suspect was not in a stable mental state to plead to the charges and ordered he be committed to mental rehabilitation.
Particulars of the charge sheet are that on April 14, at St Mary’s Estate in Nakuru East sub county within Nakuru County, captain Kaunga murdered Ms Mugweru.
A psychiatric report from Nakuru Teaching and Referral Hospital filed in court revealed that Captain Kaunga has bipolar mood disorder 1 and post traumatic disorder with psychosis poorly treated.
The report stated that Captain Kaunga was escorted for the test by Police Constable Martin Lolebo and CPL Jonathan Chepkonga of DCI Nakuru East and his father Anthony Kaunga.
It noted that Captain Kaunga understands why he is in custody, the weight of the case before him and the consequences of the verdict. He takes alcohol occasionally.
His father alleged that between 2019 and 2025, captain Kaunga went for peace enforcement and peace companying in Somalia and Congo respectively.
He said that following the deployment, he started exhibiting a change in behavior as he became irritable, violent towards family members, lack of sleep, wandering about at night.
He also showed grandiose like behavior where he leased and moved around in high end vehicles and associating with profile politicians despite them not knowing him.
His father also revealed that Kaunga started engaging in activities with negative effects such as giving out money to strangers and hiring high end vehicles.
Captain Kaunga was once admitted and treated in various hospitals including Forces Memorial Nairobi and Regional Army Hospital Lanet for mental illness (PTSD) which impaired family relationships and affected his work.
Captain Kaunga was issued with a warning letter and returned from the Congo half mission. However, despite all of these he showed poor compliance to medication.
