Nakuru High Court was on Wednesday told that pneumonia led to the death of a child whose father has been accused of murder.
The advocate representing the accused told the court that he has the post-mortem report and it indicates that the victim died of pneumonia contrary to reports that he died out of injuries sustained due to beating.
The suspect wants the prosecution to look at the file and the new developments then decide if he still has a case to answer.
He also applied for the bail pending the hearing of the case and decision by the prosecution on the report.
“We wrote to the director of the public prosecutions regarding the results that have led to a new development in this murder case,” said Olaly Cheche.
State Counsel Nelly Ngovi told the court that the prosecution is aware of the new development but cannot confirm conclusively before it scrutinizes the file.
Samuel Muchiri is accused of allegedly causing the death of his child aged 7 years old by beating him on November 22, 2015, at Maili Sita-Kimata area in Nakuru North District.
Muchiri was arrested after the incident and charged before Lady Justice Maureen Odero on November 25 where he was ordered to undergo a psychiatric test before he takes a plea.
he later pleaded not guilty to the charges of murder.
Judge Anthony ordered that the bail application is heard on January 22, 2015, and the prosecution to look into the post mortem report and make further decisions.