MERU Kenya, May 10 -A former Administration Police Service (APS) officer who brutally murdered his lover by penetrating her genitals with a panga was on Wednesday sentenced to 45 years in prison.
Justice Edward Muriithi of the Meru High Court ruled that evidence indicated that Kennedy Muthomi Mbaya intended to kill Susan Kathambi Magaju 52, at Buurie King’ori area of Imenti Central.
The half-naked body of the deceased was found lying on her bed on March 17, 2015, with visible injuries on her face, with blood oozing from her private parts.
It was during a post mortem by medics at the Meru Level Five hospital that 53-centimetre long machete was retrieved from the deceased’s genital tract.
The panga had caused multiple gut cuts leading to her death according to the medical officer report.
Muthomi, then aged 31, was the last person to be seen with the deceased on March 14, 2015, according to witnesses.
A couple told the court that they saw the two –who stayed together -attending a church crusade at Uuku market and went back home at about 9pm.
The investing officer, Corporal Tarcision Kagunda who has since retired told the court they recovered Muthomi’s clothing and personal items like medical card, receipt and a prescription note bearing his name.
Muthomi had gone into hiding when the body was discovered and did not even attend the burial nor bothered to inquire about her whereabouts, making a prime suspect. He was however arrested three months later when he visited the village.
“The victim left two children who currently do not have a mother to cater for them. The accused was an employed administration officer but lost his job for drunkennes. He deserves a custodial sentence, all circumstances considered,” prosecution counsel Eric Masila told the court.
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 start my life if the court grants me opportunity. I will get married and go on with life,” he told the court.
A probation report indicated that the accused was taking HIV drugs and his health deteriorated further while in custody.
The report further indicated that the deceased was a promiscuous woman who also engaged in selling illicit brews after she parted ways with her husband.
“The neighbours interviewed alleged that the deceased was not a person committed to one man and this could have escalated their misunderstanding,” read part of the report.
The Judge however scoffed at his prayers for non-custodial sentence so that he could remarry and ruled that he deserved a sentence that would help mellow his vicious temperament.
“No person should have to suffer such indignity of death at the hands of a lover in such cruel and degrading assault,” said Justice Muriithi.
“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,” he added.
Justice Muriithi also 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.
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