The High Court has sentenced Naftali Njami Kinuthia to 40 years in prison for the brutal murder of Moi University medical student Ivy Wangeci after a four-year trial.
Kinuthia, 33, was found guilty on October 26. The murder occurred outside Moi Teaching and Referral Hospital on the morning of April 9, 2019.
Justice Stephen Githinji, who had been presiding over the trial before his transfer to Malindi High Court, said the prosecution had proved their case beyond reasonable doubt.
In his ruling, the judge dismissed a request by Kinuthia's advocate Wokabi Mathenge who had asked for a non-custodial sentence.
“The circumstances of this case do not invite sympathy. The accused denied the deceased a chance to go on with her life, and she would have graduated as a doctor,” Justice Githinji said.
He added: “The manner in which the offence was committed and the reason for its commission calls for a stiff sentence against the convict. I award a custodial sentence of 40 years."
The judge further stated that he would not prescribe a death sentence as requested by Wangeci’s family advocate, Kiroko Ndegwa.
"The court cannot buy the idea of a tooth for a tooth and an eye for an eye, he said.
Mr Mathenge had argued that his client was remorseful and that his offence did not deserve the death penalty, considering his conduct throughout the case.
He said that sentencing Kinuthia should not be an act of vengeance because it would not bring back Wangeci.
"The accused seeks a second chance in life to allow him to reintegrate into society and reunite with his family, bearing in mind that he is the firstborn son of his family. His family is ready to take him in and assist in any form of rehabilitation,” Mathenge had said in mitigation.
Justice Githinji noted in his October 26 judgment that Kinuthia had malice aforethought and bought a new axe to kill the student in broad daylight.
Witness testimonies from the public, Wangeci's family, classmates and forensic experts showed Kinuthia's premeditation and intent, he said.
"If he had no intention to kill, he had the opportunity to attack the victim using his bare fist. But he had an axe and a knife and used the axe, a lethal and dangerous weapon, to strike the medical student.
"There are other smaller axes with wooden handles. The accused had a metal axe with a metal handle and claimed that he had it in his car for security reasons. I do not agree with him," he said.
The judge stated that Kinuthia did not use a knife he had, which might have given Wangeci a chance to survive the attack.
Justice Githinji also dismissed Kinuthia's claim that he was in an intimate relationship with Wangeci, citing a 400-page cybercrime report that showed no evidence of an intimate relationship, only friendly communication.
"The accused claimed that his case was a matter of provocation and heat of passion. But the court notes the two were not lovers and were not married. They were just old friends," the judge said.
Kinuthia had testified that the two had been lovers since 2018. He claimed that their relationship had begun years ago when they were in school, and that he had spent time and money, but Wangeci ignored him.
Although Kinuthia regretted killing Wangeci, the court said it was too late.
Wangeci's family, through Mr Ndegwa, and prosecutor Norah Limo had requested the death penalty for Kinuthia. They said the accused had killed a future doctor.
“We are seeking a harsh punishment against the accused and, just like in the Bible, an eye for an eye and a tooth for a tooth,” Ndegwa said.
Ndegwa also said the Wangeci's family never got an apology from the Kinuthia's family.
