• His appeal on conviction tossed but succeeds on sentence as indefinite detention at pleasure of president quashed
• Judges said there is no doubt that the appellant knew or ought to have known that such injuries would cause death or grievous harm to the deceased.
When Eric Kimeu Kimani was convicted of killing an eight-year-old girl under mysterious circumstances in 2018, he was sent to prison indefinitely under the pleasure of the president.
At the time, the court said he was aged between 15 and 16 years.
The High Court had ordered that being a minor, he be detained in jail and that his case be brought to the attention of the President after every three years to see if he could be freed or continue staying in jail.
The Court of Appeal has now said he should be imprisoned for a definite time for his peace of mind and hope of freedom some day.
He will now be in jail for 20 years starting May 1, 2018, when he was convicted by High court.
Details of his case is that he had gone to the home of the child named RAW after her parents left for work. RAW and her little brother T were under the care of a house help.
Kimani’s little brother, N, had come to play with the two children.
Later, when he went for his little brother, RAW and N agreed to go with him to his home.
The house help did not know she was releasing the little girl to her death.
When the house help went to pick RAW, Kimani was the first to ask her where RAW was, and at that point, the house help became fearful.
She was surprised with the question because it was Kimani who’d left with the girl.
The house help called RAW’s mother to inform her of her child's disappearance and when she returned home, a frantic search ensued. The body of the child was later found dumped at a nearby pit.
Postmortem showed that RAW was strangled and her head hit with a blunt object.
The postmortem report noted ligature impressions around the neck, a thorough penetrating stab wound from the left to right side of the neck.
The body was soiled and there were bruises behind the left ear, there was blood oozing from the left ear and fractured base of the skull with intracranial haemorrhage.
In defence, Kimani denied killing the girl, claiming that he did not go to the house of the little children but that it was the house help who came to his house asking for a phone charger. He claimed that she returned later, saying RAW had disappeared.
The High Court found him guilty and handed him the indefinite sentence.
At the Court of Appeal, he complained that the evidence that nailed him was not corroborated, investigation were shoddy, that the judge did not evaluate the entire evidence and that the judge did not adequately listen to his case.
After lengthy proceeding, the court rejected him explanations, saying that he was rightly convicted.
“Considering the horrendous injuries that were inflicted on an 8½-year-old girl, there is no doubt that the appellant knew or ought to have known that such injuries would cause death or grievous harm to the deceased and the argument that malice aforethought was not proved is nothing but a desperate attempt to clutch at straws," the judgment dated November 24 reads.
"We are satisfied that in the eyes of the law, the appellant assaulted the deceased with malice aforethought.”