Death row convict found guilty of killing two inmates

A death row convict at Kamiti Maximum Security Prison has been found guilty of killing two inmates who refused to sing a hymn.

Lady Justice Hedwig Ong’udi ruled that Christopher Njoroge Mumbo was guilty of bludgeoning to death Ibrahim Aden and Julius Kimani at the prison’s hospital ward after the two refused to sing a ‘Hallelujah’ song in 2012.

The judge, however, spared him the death penalty on grounds that he was mentally unstable when he committed the offence and left his fate at the mercy of the President.

“There is high probability that he was not of sound mind when he committed the offence. I therefore make a special finding that he is guilty of murder but was insane at the time and will be detained at the pleasure of the President,” ruled Justice Ong’udi.

Death row

Njoroge was on death row at Kamiti Prison after he was sentenced to death for robbing a shopkeeper in 2007. He had gone to the shop to buy cigarettes but returned later, armed with a panga, and ordered the shopkeeper to surrender everything.

On the night of January 10, 2012, he complained that he was feeling unwell and the prison wardens on duty took him to the sick bay ward, where he found other inmates waiting to be treated.

According to the prosecution, Njoroge picked up a piece of wood that had nails and ordered all the inmates to start singing the ‘Hallelujah’ song.

Out of fear, some of the inmates started singing.

Aden and Kimani, however, refused to sing and Njoroge attacked them with the piece of wood.

The other prisoners ran out of the room while others hid under beds.

The wardens, who delayed in responding to the cries from the sick bay, found two inmates unconscious and others injured. The two died while being taken to hospital.

Njoroge, in his defence, told the court that he was suffering from cerebral malaria at the time and did not know that he had killed two inmates.

He stated that he was admitted to hospital for many days after the attack and only became aware of his actions six months later when fellow inmates and warders informed him that he was to be charged with murder.

Mentally stable

Justice Ong’udi ruled that she was satisfied the prosecution had established the offence of murder but failed to provide evidence that he was mentally stable at the time.

“His action of beating inmates and forcing them to shout ‘Halleluiah’ could not be from a normal person. He was violent on the night and the trend continued a week later, when he had to be tied to a stretcher to be taken to hospital,” said the judge.

She added that Njoroge might have been affected by the many years he spent abusing hard drugs and that no one knew what he was ailing, leaving the court to believe his statement that he had cerebral malaria.