Children give blind trust to their parents, expecting protection and action in the best interest in return.
Not for MWI, who was left to her father’s care after her mother passed on. Her siblings had moved to stay with other relatives.
MWI was fond of her father James Irungu Ndeti and at the choice of remaining or going to other relatives like her siblings did, she opted to stick with him.
But she was innocently making the choice to remain with a beastly man. They had lived incident free for six years since the death of her mother.
One Sunday in September 2009, she came back from church but later, was found strangled to death in the house. Her father, Ndeti, was the one with her at the time.
Further examination of her body showed that she was first defiled before being strangled to death.
Investigations showed that Ndeti claimed to the girl’s grandmother that she had fallen down and died.
But to the area chief, he said that her daughter had been sick and gave her some medication but she did not get relief and died.
A postmortem report showed that MWI “died from strangulation whilst being sexually assaulted.”
At the High Court, Ndeti was convicted of the murder and slapped with a death sentence.
The judgment was delivered in 2015.
At the Court of Appeal, he complained that the trial judge brushed off his defense and that his arguments were not given consideration.
He also complained that the death sentence was excessively harsh to him and that it ought to be overturned.
But the judges, again, dismissed his argument, finding that he breached the trust that the young daughter had bestowed on him.
The judges found that the man had malice a forethought hence was guilty as convicted by the trial court.
“When he held the child’s neck, causing her to haemorrhage due to lack of oxygen, clearly, the appellant intended to cause the death or grievous harm to the deceased. We find, as did the learned judge, that malice aforethought of the appellant was present and was proved beyond a reasonable doubt,” the judgment reads.
They also upheld the death sentence, holding that it remains constitutional and that only the mandatory nature was the one knocked down by the Supreme court.
The judgment was delivered on July 7. BY THE STAR