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Three family members convicted with relative's murder

28 February 2014, 14:02

Nairobi - Three family members who killed their blood relative with the aid of three others eight years ago were yesterday convicted with murder.

Anne Waithera Macharia, Ruth Wanjiru Maina, Daniel Kimotho, Joseph Kirimbi, Eliud Mwai and Joseph Macharia were convicted with the plotting, execution and elimination of David Macharia on June 12, 2006.

The six had been accused of slashing the deceased’s neck, putting his body in a sack with two stones  while wrapped in a blanket before transporting it on a bicycle and disposing it in a waterfall in Kamare Forest, Kiambu.

“The throat of the deceased was severely cut in a transverse manner cutting off all the main blood vessels, this serious injury would not have been inflicted with any other intention but to kill the deceased, coupled with the planning meetings and the manner in which the body was disposed of with a view of concealing the crime, I conclude that these six premeditated the killing with intend to kill,” Lady Justice Josephine Muchemi ruled.

Prior to the actual murder, two planning meetings had been organized at Wanjiru’s house where Waithera was overheard saying that the one disturbing Joseph over property sharing must be given medicine.

Waithera is the first wife to the deceased; Joseph is their son while Maina is a sister in law to the late.

On the fateful day, the deceased who was a farmer, allegedly left his second wife’s house Hannah Wanjiru at Kirasha market to work in his farm where Waithera lives but never returned home.

Wanjiru alerted a brother in law about the deceased’s disappearance and the police arrested her co-wife and sister in law Maina.

A wet jacket which the deceased was wearing on the day he went missing was found in Waithera’s house several days after his disappearance.

Kimotho who admitted to have been hired to only dispose the body on his bicycle had presented himself to the area chief and named the others.

Kirimbi went into hiding to a family friend in Mahi Mahiu and revealed to him about his role and named, Mwai and a seventh suspect Peter Chege Mwangi’s participation in the murder after being paid Sh 10,000 to be shared amongst the three by the two sisters as well as his intend to escape.

It is the family friend who also reported to the police and the three were arrested.

He also led the police to the exact location where the body was retrieved sank deep in water.

Joseph was arrested in Busia where he had gone into hiding and had allegedly broke his father’s arm in a fight over sharing of property with his stepmother, in an earlier incident that was reported to the police but later withdrawn.

Whilst the six were convicted Mwangi was acquitted on grounds that he had not been mentioned in evidence presented by prosecution apart from the money sharing part.

The judge also noted that the evidence tendered was only circumstantial as it did not indicate any eye witnesses to the case and therefore Waithera was the last person to have seen the deceased before he met his death.

The six will be sentenced on March 20.

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