Courts
Kiambu court sentences 16-year-old to 10 years in prison for murder

A 16-year-old was given a 10-year prison term by a Kiambu court on Friday for the murder of a 20-month-old child.
A minor named B.W. is charged with the August 16, 2022, murder of her cousin M.K., who was 1 year, 8 months old at the time.
The youngster will have reached adulthood after serving the first two years of the sentence in a borstal and the final eight years at Lang’ata Women’s Prison.
The judge agreed with the prosecution, stating that the subject who killed her innocent cousin deserved a jail sentence.
The prosecution claims that the deceased was dumped down a borehole after being choked to death.
The young person stunned the nation last year when she admitted thatshe had also killed her three siblings which occurred on diverse dates in 2021.
In August 2022, the murders came to light after the accused’s father informed the Kikuyu Police Station that he believed his daughter was responsible for the heinous deeds.
Following her arrest, the juvenile confessed to killing her three siblings—one who was one year and three months old, the other who was five years old, and the third who was seven and a half years old.
The child also acknowledged that in May 2022, at their home in Gathiga village, Kabete Sub-County, she drowned her cousin, who was just 20 months old.
A person found guilty of murder is typically condemned to death under the law.
While the death penalty’s mandatory character was abolished by the Supreme Court in 2015 in the now-famous case of Francis Karioko Muruatetu and Another -v- Republic and Others, Justice Lucy W. Gitari on June 8, 2020, determined that the apex court did not outlaw the death sentence.
However, the legislation stipulates that an individual who commits a crime when younger than eighteen cannot be executed. This falls under Penal Code Section 25(2), which says:
“Sentence of death shall not be pronounced on or recorded against any person convicted of an offence if it appears to the court that at the time when the offence was committed, he was under the age of eighteen years………”
However, Section 190 of the Children Act prohibits the sentencing of minors to jail time and stipulates that instead, the youngster must be placed in an educational facility, a vocational training program, or a probation hostel, among other places.
As mentioned by Lady Justice Gitari, Section 191 (1) (L) of the Children Act, the court is given the discretion to deal with the child offender in any other lawful manner.
Courts
Ex-cop Rashid’s murder trial to start on March 14

On March 14, 2024, the murder trial hearing for former Eastleigh police officer Ahmed Rashid will begin.
This comes after the state finished providing the defense side with a partial disclosure of witness statements and documentary evidence on Thursday.
Rashid was accused in April of killing Mohammed Dhair Kheri and Jamal Mohammed, two adolescents, on March 31, 2017, in Amal Plaza in Eastleigh, Nairobi.
After denying the two murder charges in front of Justice Diana Kavedza, he was freed on a Sh200,000 bond.
Prosecution attorney Alla Mulama informed Justice Kavedza at pre-trial on Thursday at the High Court in Kibera that the state will call 25 witnesses to testify during the trial, 12 of whom were prepared to do so.
Courts
21-year-old man faces defilement charges after marrying 16-year-old
Simon Mutuli Mwaka, a 21-year-old man, married MKK, a 16-year-old girl, in Nairobi and is now charged with defilement under section 8 (1) (4) of the Sexual Offences Act (SOA) of 2006.
On November 26, the accused, a mason by trade, was taken into custody at his home in Embakasi’s Tassia estate.
Mwaka is accused of violating section 11 (1) of the SOA by engaging in an indecent act with a minor, in addition to the defilement accusations
According to the accusation, on the same date, he touched the minor’s privates without authorization.
On November 27, while Mwaka was under night detention, the minor and he were found together at his residence.
After that, they were brought to the Mama Lucy Kibaki Hospital in Embakasi for medical examination, where it was confirmed that the minor had been defiled.
Through her mother’s phone, Mwaka had been in communication with MKK, and the mother was aware of their relationship, according to police investigations. MKK chose to wed Mwaka after finishing primary school last year because the latter was not enrolled in secondary education. Together, they made the journey from Kitui to Nairobi.
Mwaka informed MKK’s mother that they were now living together as husband and wife as soon as they arrived in Nairobi. MKK gave her mother confirmation of the same.
The mother alerted MKK’s father, who subsequently notified the local chief, about the circumstances. Mwaka’s parents were contacted by an administrator who verified that he had departed with the youngster.
The culprit was apprehended when the father of the youngster reported the incident to the Tassia police post.
Mwaka stated in court that MKK was prepared to drop the charges, but it was made clear that she was unable to do so since she was a minor. Mwaka was freed after entering a not guilty plea and providing a Sh150,000 surety bond.
Courts
Housemaid among three charged in botched carjacking

A 20-year-old Juja domestic worker who was caught alongside two males in a high-profile bust outside the Kasarani police station in Nairobi is currently on trial for attempted robbery.
After taxi driver Peter Gathesa drove into the station in difficulty, Joy Mumbi was taken into custody by police at the station entrance. Alongside her were her co-accused, 22-year-old Kelvin Murithi, and 25-year-old Julius Mbithi Njeru.
They are both accused of trying to rob someone violently, which is a criminal offense that carries a death sentence.
The three are charged with attempting to rob Gathesa on November 19 near the Thika Superhighway in Nairobi of his vehicle, a Toyota Ractis valued at Sh1 million.
They are charged with abusing the plaintiff violently during the incident, reportedly strangling him while he was driving.

Julius Njeru, Kelvin Murithi and Joy Mumbi in the dock at the Makadara Law Courts. PHOTO|JOSEPH NDUNDA
After Murithi posted a trip request online using a digital taxi hailing app and stated he would be dropped off at Statehouse Road in Nairobi, Gathesa had picked up the three accused in Juja, Kiambu County.
Along the Thika Superhighway, Mumbi sat in the passenger seat and Murithi and Njeru followed the driver.
Murithi allegedly told Gathesa to stop and get out of the car while pointing out what seemed to be a toy gun along the route.
Contrary to the directive, Gathesa sprinted to the Kasarani Police Station, where he was saved by officers who then took the three suspects into custody.
The other two were apprehended as they attempted to flee, while Mumbi was detained inside the vehicle.
Despite Ms. Mumbi’s admission to police that she is employed as a domestic helper at a home on Kenyatta Road in Juja, the three suspects’ relationship could not be established.
Murithi resides in an estate off of Jogoo Road in Nairobi with his parents.
They all refuted the allegations, in front of Makadara Law Courts Senior Principal Magistrate Gerald Mutiso.
Without the option of posting cash bail, they were freed on a Sh500,000 bond with a matching surety.
The matter will be heard on February 12.
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