Farmhand in Meru County sentenced to death for killing toddler

It was a quiet day for Mwangi (not his real name) and his young family as they relaxed at home in Kariene Village, Meru County on June 25, 2010.

Mwangi and his wife Catherine (name withheld) were inside the house talking while their three daughters were outside in the compound playing and carefree as children often are at home.

Moses Mbaya, who had been the family’s farmhand for several years, then came into the compound and once the children saw him, the youngest child - aged two years - rushed towards him.

What happened next shocked the little girl’s sisters and left them traumatised as Mbaya picked up the toddler by her legs and started hitting her head on a tree trunk that was on the ground. The children screamed for help and Mwangi and Catherine rushed out to find their two-year-old daughter in the hands of Mbaya. Catherine immediately wrestled the child from him. The family’s screams attracted their neighbours and one of them, Mercy Kinyua, helped them get a boda boda to take the little girl to hospital where she was pronounced dead on arrival.

Meanwhile, the irate mob turned on Mbaya but he was rescued by Corporal Jacob Nyangwe who was stationed at the Kairene Police Station. The corporal arrested him and carried the tree trunk as evidence.

Mbaya was arraigned in court charged with causing the toddler’s death but he pleaded not guilty saying the little girl’s death was an accident.

He said he would often play with Mwangi’s children and explained that on that day, the little girl ran towards him as usual and that he picked her up, threw her up in the air but did not hold her firmly as she came down which caused her to slip and fall.

Mbaya maintained although he had taken some alcohol before the incident he was sober. He also said he had no bad blood between him and the family and had no reason to harm the child.

On their part, the defence made a spirited case pushing to have Mbaya pay the ultimate price for his actions. Their wish was finally granted in April 18, 2013 when Mbaya was declared guilty and sentenced to death.

He immediately moved to the court of appeal but Judges Phillip Waki, Roselyn Nambuye and Patrick Kiage threw out his plea and upheld the lower court’s ruling.