The High Court has set free a mother accused of killing her handicapped daughter in 2014.
In the acquittal, Justice Kanyi Kimondo sitting in Murang’a concluded that the prosecution’s case was purely built on circumstantial evidence.
Court documents indicated that the child was vulnerable and living with a disability. Her body had scars on the arms and back, and jiggers had also infested her soles and knees.
Sheila (not her real name), was found dead in a seat at their home in December 2014, leading to the arrest of her mother who was home the whole day.
Previously, Sheila’s mother had allegedly left her in the middle of the road at night, hoping that a car would hit her.
But an oncoming vehicle avoided running her over.
The mother was charged with murder on December 24, 2014, at Nguthuru location in Murang’a county.
She pleaded not guilty and the case proceeded to full trial. The prosecution called three witnesses.
The investigating officer said the deceased had broken bones. He also claimed that the victim had been left alone with the accused before her death.
He added that he had interrogated the accused who only revealed that her daughter was sick before she died.
This is despite an autopsy indicating that the girl had died from chest injuries due to assault.
When placed on her defense, however, the accused remained mum.
The court described the circumstantial evidence as ‘tenuous’ and full of allegations unadorned with concrete evidence.
“The only incriminating piece of evidence is the allegation by a witness that the accused had previously exposed the child to danger by depositing her in the middle of a road at night,” Kimondo said.
He thus concluded that all the elements of the charge of murder had not been confidently established.
“I accordingly enter a finding of not guilty. The accused person is hereby acquitted,” the court ruled.
Edited by R.Wamochie
