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Ex-AP jailed for 45 years for allegedly killing lover in macabre attack



By Wanja Waweru

A Meru court has convicted a former Administration Police officer who brutally murdered and defiled his sweetheart with a machete eight years ago to 45 years in prison.

According to Justice Edward Muriithi’s ruling, Kenneth Muthomi Mbaya’s horrific deed in Imenti Central’s Buurie King’ori neighborhood was motivated by his desire to kill Susan Kathambi Magaju.

On March 17, 2015, Kathambi’s naked body was discovered on her bed with obvious facial wounds and blood flowing from her privates.

A machete was discovered in her genitalia during the post-mortem by pathologists at the Meru Level Five Hospital, who concluded that it was the reason for her demise.

On March 14, 2015, the day she is believed to have died horribly, two witnesses stated that Muthomi was the last person to be seen with the body.

The two were seen by Mr. Samson Muriungi and his wife Janet Kanyiri attending a religious rally at Uuku market, they claimed in court, and they left to return home at 9 o’clock.

They said that as boyfriend and girlfriend, the two shared the deceased’s home.

The family became worried when they hadn’t seen Kathambi for three days, but the door to her residence was shut, according to Kathambi’s father, Mr. Magaju M’Itumarom the outside.

He gathered family members and when they opened the door, they made the gruesome discovery.

During the hearing, Cpl (Rtd) Tarcisio Kagunda, who investigated the murder, said they found Muthomi’s clothing and personal items like a medical card, receipt and a prescription note bearing his name.

The witness also tabled six gory pictures illustrating the injuries Kathambi suffered.

“When doing the postmortem a panga was recovered from the deceased’s private parts. I took it as an exhibit believing it to be the murder weapon… It was very traumatising to witness the panga being removed,” he recounted.

The officer claimed that because Muthomi fled the scene of the incident after it occurred and did not show up for the burial, he was classified as a suspect.

When he went to the community three months later without asking about Kathambi’s location, he was apprehended.

Eric Masila, the principal prosecutor, requested the court to impose a jail term, noting that the accused had fled the scene and that the offense he had committed was significant.

“The victim left two children who currently do not have a mother to cater for them. The accused was an employed Administration Police officer but lost his job for drunkenness…He deserves a custodial sentence, all circumstances considered,” appealed Mr Masila.

In mitigation, Muthomi said he was remorseful and had reconciled with the family of the victim and there was no acrimony between them.

“I pledge that I shall restart my life if the court grants me the opportunity. I will get married and go on with life,” he told the court.

The probation officer’s report said the accused, who is now a farmer, was taking prescription drugs and his health deteriorated further while in custody.

The report noted that the offender committed the offence when he was 31 years old while the deceased was 52 and they had lived together for two years.

The deceased is survived by two children who were grown up at the time the offence was committed and they were living in Chuka where she was initially married.

However, Justice Muriithi scoffed at Muthomi’s prayer for a non-custodial sentence so that he could remarry and ruled that he deserved a sentence that would help treat and mellow his vicious temperament.

“The court must deprecate the monstrous killing, for whatever justification, of the deceased by a person in the position of her boyfriend…” the judge ruled.

“If there ever were a textbook situation suitable for the imposition of the death sentence, it would be this incident of callous killing of a lover by penetration into her private parts with a panga in an act smacking with obvious disdain, hatred and inhuman treatment.”

“No person should have to suffer such indignity of death at the hands of a lover in such cruel and degrading assault,” declared the judge.

Justice Muriithi explained that the 45-year imprisonment would be reduced to 30 actual prison custody due to one-third remission under section 46 of the Prisons Act.

“At 40 years, a prison term of 30 years actual custody, so that the accused is released at 70 years of age when he can still usefully impart his penal lesson to others in the interest of deterrence, meets the justice of the case,” ruled the judge.

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City pastor accused of defrauding Kenyans in the USA of Sh6.8 million



By Wanja Waweru

A city preacher has been accused with stealing Sh6.8 million from two sisters and their friend who lives in the USA while he pretended to be in a position to buy them land in Nairobi.

Catherine Wairimu Ng’ang’a of the Githurai-based Arise and Healing and Deliverance Church was charged At the Milimani courts.

When she was prosecuted in front of senior main magistrate Zainab Abdul, she contested four counts of receiving money under false pretenses.

The lady pastor, 53, was charged with cheating Noel Njeri Ngure, Lilian Muthoni Ngure, and Anne Nyambura Njogu between February and September 2021 of a huge sum.

The magistrate was informed that Pastor Wairimu collected Sh4 million from Noel under the pretense that she could sell her a land of land number Mowlem/Nairobi Block 169/285, a fact she knew to be false.

The preacher was suspected of receiving the Sh4m on several times between February 1 and August 12 2021 when he was detained by authorities on May 28, 2023.

The preacher was accused of accepting Sh1,735,000 from Lilian Muthoni Ngure between March 12 and August 12, 2021, despite knowing that she was lying when she said she could sell her a piece of land with the address Mowlem/Nairobi Block 169/287.

According to the third count, she received a second trump of Sh900,000 from Lilian Muthoni Ngure on August 31 and September 24, 2021, pretending to sell to her three stalls at New Wakulima Kangundo Road Market.

The magistrate learned that the pastor was lying and that she was not in a position to do so.

The preacher was accused of defrauding Ann Nyambura Njogu of Sh253,200 in the fourth allegation against her. She had claimed to be in a position to sell Njogu a piece of land in Mowlem/Nairobi Block 169/286.

Pastor Wairimu requested release on bail, pledging to follow the judge’s orders.

Her release on bond was not opposed by the prosecution.

She was then freed by Ms. Abdul on a Sh500,000 cash bail with one contact person.

On June 12, 2023, her case will be brought up for pre-trial instructions.

Pastor Wairimu will then meet with her accusers at the hearing date that Ms. Abdul will establish.

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Boda boda rider convicted of forging KDF staff card escapes jail term



By Wanja Waweru

A boda boda driver who was caught carrying a bogus military identification card that claimed to be from the Kenya Defence Forces (KDF) has been granted a reprieve after the court released him.

Gabriel Owino, who pleaded guilty to charges of creating a document without authorization in violation of section 357(a) of the penal code, had on Friday begged with Principal Magistrate Hellen Okwani at the Makadara Law Courts not to sentence him to incarceration.

Mr. Owino had acknowledged that, on an unspecified date in February of this year, he had made a KDF certificate of appointment along River Road in Nairobi’s CBD.

Additionally, he admitted guilt to a charge of having contraband government supplies to section 324 (2) of the penal code.

The crime of possessing government shops includes having items like uniforms and handcuffs that are only used by members of disciplined services.

Mr. Owino was discovered in possession of a military ID card that belonged to a KDF officer, a Kenya Airforce uniform, and a truck suit jacket bearing the name Defense Forces Technical College (DFTC), all of which were thought to have been taken illegally or fraudulently from the KDF.

Following combined investigations by the police, military intelligence, and military police, he was apprehended on May 20, 2023 in Tassia Estate in Embakasi, Nairobi, and was discovered in possession of the military staff card of a KDF officer.

The following day, Mr. Owino took the police to a location in Ngong, Kajiado County where they found the phony ID card with his name and photo on it, together with a Kenya Airforce uniform and a truck suit that belonged to DFTC. However, Mr. Owino was unable to explain how he came into possession of these materials.

When the passport photo of him that was used to create the fake card was taken, Mr. Owino claimed to the court that he was wearing uniforms belonged to his friend who works for the Kenya Airforce.

The graphic designer in River Road created the phony KDF staff card for him, showing he is a member of the KDF, despite his earlier assurances to the army friend that the photograph would never be made public a serving with Kenya Airforce holding the rank of a senior private.

On the real KDF officer’s card that he was discovered to have, Mr. Owino informed Ms. Okwani that a Kenya Airforce officer had sent him to his residence in the Tassia estate to obtain a military ID card and an ATM card. He was supposed to use these cards to attempt a cash withdrawal at a nearby bank agent, but failed when the agent’s operator disallowed him from doing so.

Before losing the card that had his photo on it and learning that military police were hunting for him, he claimed to have kept the officer’s cards.

Some of the things were later taken by Mr. Owino to his friend’s home in Ngong, where they were found.

He admitted to Ms. Okwani that he has been riding in the CBD illegally for a number of months despite having a phony ID that he has been presenting to law enforcement officials from Nairobi County.

The defendant pleaded with the judge to pardon him, saying that his wife and child are dependent exclusively on him. His wife and the child were present in court.

Since being charged and entering a guilty plea on May 22, 2023, Mr. Owino had been held on remand.

In accordance with Section 35 (1) of the Penal Code, Ms. Okwani released him and imposed a five-year prohibition on his future criminal activity.


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‘Reconcile with your spouse, July is coming,’ magistrate tells man who broke wife’s bed



Following their breakup, a man is accused of allegedly smashing his ex-girlfriend’s Sh6,000 bed at her home in Nairobi’s Githurai estate into pieces.

This is in violation of section 339 (1) of the penal code, which prohibits malicious damage to property.

On May 24, 2023, Daniel Omwaka was accused of intentionally destroying Casty Mukami’s wooden bed in the Makadara Law courts.

On that day, Mr. Omwaka, who had left the residence a few days prior, allegedly returned while Ms. Mukami was there with family. He allegedly grabbed a knife and threatened to stab her.

After dropping the knife, the accused man allegedly destroyed the bed with a hammer before fleeing the scene. The incident was reported to the police by Ms. Mukami. The next day, after he was arrested, the defendant went back home.

In front of Principal Magistrate Hellen Okwani, he refuted the accusations and claimed that the complainant was his wife.

The culprit was freed by Ms. Okwani after posting a Sh5,000 cash bail and was instructed to make amends with his wife by informing her that “July is coming.”

Before the hearing begins on November 15, 2023, the case will be discussed on August 21, 2023.

Three witnesses, including Ms. Mukami, a member of her family, and a police officer who looked into the situation, have been named by the prosecution to testify in the case.

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