By Wainaina Ndung’u
A couple has been jailed for two years for neglecting their children of ages five and three.
David Muriuki and his wife Magdalene Wamaitha pleaded guilty to charges of assaulting their daughters and leaving them in need of care and protection.
The offence was committed at their home in Ruring’u Estate in Nyeri town on February 6, 2012.
The prosecution told Senior Resident Magistrate Joan Wambilyanga that the two children were found locked in their house without food while the eldest was nursing a deep injury on her head.
“Neighbours informed the area assistant chief who called police and a children’s officer,” the prosecutor told the court.
“On interrogation, the child said the mother assaulted her with a stick and broke her arm while the father had kicked her against a bed with a protruding nail injuring her head.”
The mother had punished the child for eating some food. On being rescued by neighbours, the children first asked for food.
“I have considered the children officer’s report and noted the children are now in safe custody,” said the magistrate.
“I find the nature of offence a serious one under the Children Act Number 8 of 2001,” she ruled.
The daughters have been moved to a children’s home. The magistrate also convicted the two on separate charges of failing to provide their children with basic needs on diverse dates in 2011 and 2012 at their residence.
Highly malnourished
After listening to six witnesses, the magistrate said she was convinced the two had left the children on their own without food.
The court was told the children were malnourished and diagnosis at Nyeri Provincial General Hospital found they were suffering from Marasmus and put on supplements.
She also termed the injuries on the children in the earlier case as negligence and rejected the parents’ defence. Their file was taken to Senior Principal Magistrate Evan Makori, who spared them more punishment.
