A man who killed his brother's wife by slashing her neck with a panga on claims she was a witch has been found guilty of murder.
Jason Likura was charged with the murder of Tabitha Nkatha which occurred in 2013 in Meru county.
In a judgement delivered on June 30, Justice F. Gikonyo ruled that the prosecution proved beyond reasonable doubt that, with malice aforethought, Likura killed Nkatha.
“Consequently, I find Likura guilty of the murder of Tabitha Nkatha contrary to Section 203 as read with Section 204 of the Penal Code. He is accordingly convicted for the offence of murder,” the judge ruled.
It was the prosecution’s case that Jackline Gatwiri, a daughter to the deceased, was at home with her mother. She was 13 years at the time. At about 7pm her uncle, the convict, came and told Nkatha that his brother had died and she was responsible for bewitching him.
Gatwiri left them outside and went inside the house to take some clothes. When she came out she found Likura had cut the deceased with a panga. It was dripping blood. She screamed and the accused disappeared. Her two brothers came to the scene and the mother told them that it was the accused who cut her.
Gatwiri took her school dress and wrapped it around her mother's neck. Other villagers came and helped her brothers to take her to hospital.
M’Mutea Imunya, husband of the deceased, testified that he received a call from one Meshack Mailaungi about the incident. He set out for home and met his children together with other people whom he accompanied to take Nkatha to hospital. On arrival the doctors proclaimed her dead.
He said her body had injuries on the head, neck and left hand.
Dr Samuel Mutegi who conducted the postmortem concluded that the cause of death was severe head injury and secondary trauma.
In his defence, Likura told the court that he had been framed. He added that on the fateful day he could not remember what happened as he was at his father’s home who was ill. He slept there and woke up the next day early in the morning and went to Matiru.
He watered onions and slept at Itatene. He finished and wanted to go to check on his father and his status but was arrested before reaching his father’s home. He affirmed that he had no problem with the deceased as well as her family.
Edited by Henry Makori
