A man who killed a woman using a heavy stone in front of his children will now serve 40 years in prison.
Moses Mutembei Muriithi had been sentenced to life imprisonment in 2018. The
Court of Appeal in Nyeri has now reduced the sentence.
The killing happened on October 7, 2016, in
Kabaliange Village, Tharaka Nithi County.
The victim, Mary Nthama, had gone to a women’s meeting. She was later
attacked and killed at Muriithi’s home.
Witnesses told the court that Muriithi slapped her, kicked her, before
hitting her with a 10kg fireplace stone.
Mary’s husband, Julius Muthengi Mwenda, said he was told by his son that his wife had died.
He rushed to Muriithi’s compound and found her body.
“Her teeth were crushed, one eye was out, and a big blood-stained stone lay
next to her,” he told the court.
Muriithi’s daughter, 13, was one of the key witnesses.
She told the court her father had earlier quarrelled with her mother.
When Mary came and asked about her, he slapped her.
"She fell. He kicked her in the
stomach. Then he took a huge stone and hit her on the head,” the girl said.
Her brother confirmed this. “I saw him slap
and kick her. Then he hit her with the stone as she lay on the ground,” he
testified.
Their mother, Evangeline Kajoka, said she ran
to her brother-in-law’s house after Muriithi threatened her.
While there, she heard screams. Her children ran to her crying.
She later returned to the scene with neighbours.
“We found Mary dead. Her
head was smashed. The stone was still there,” she said.
The post-mortem was done by Dr Justus Kitili.
He found severe head injuries.
“The skull was fractured. There was blood in the brain. A blunt object
caused the death,” he said.
Another daughter, Nancy Kawira, also
testified.
“Father said he would kill our
mother. When Mary came, he told her to leave. He slapped and kicked her. Then
hit her with the stone,” she said.
Police officer CIP Juma Wawire was called by the assistant chief. He arrived at the scene around 10 pm.
“The woman was lying dead. Her head was smashed. The stone was stained with blood,” he said.
Muriithi had run away. He was arrested days later.
In his defence, Muriithi denied killing Mary.
He said she slipped and fell on a stone after confronting him. He claimed
she was drunk and had hit her head by accident.
The High Court rejected his story. It said the
witnesses saw him hit her. The judge sentenced him to life in prison.
Muriithi appealed. His lawyer asked the Court
of Appeal to reduce the sentence. The judges agreed with the murder conviction.
But they changed the sentence.
“We reduce the life sentence to 40 years in
prison,” the judges ruled.
They said the killing was brutal and
unprovoked. It happened in front of children. But they also noted that courts
are moving away from life sentences.
Muriithi will now serve 40 years for the murder.
