Probation for sisters who killed their father

Emily Wanjira (24) and her sister Esther Kagendo (28) at High Court in Embu when they pleaded guilty to unintentionally killing their father. They beat him up after he used their brother's funeral funds to treat himself to alcohol. [Joseph Muchiri, Standard]?

The High Court in Embu has sentenced two sisters to two years’ probation term after they pleaded guilty to unintentionally killing their father. 

Esther Kagendo, 28, and her sister Emily Wanjira, 24, admitted before the High Court in Embu to killing Zachary Kiura Mutindi at Kathita village in Embu West sub-county on the night of September 7 this year in a domestic row.

Lady Justice Florence Muchemi ruled that even though duo was remorseful over their actions and were first time offenders, they should serve the sentence to act as deterrent to others.

The sisters were accused of manslaughter alongside their mother Tabitha Weruma who is charged with murder but has denied the charge and the mention of her case is set for January 13.

During the hearing of the case, the court heart that prior to incident, the family had lost a son identified as Murimi to a short illness.

The family was thus in mourning, whilst mobilizing for funds for his burial.

“Hell, however, broke lose after their father, Kiura used Sh5,000, which had been raised for their brother’s burial, to fund his three day drinking spree,” said their lawyer, Guantai Kirimi.

When he resurfaced, he had a heated argument with his wife Tabitha and she phoned the two daughters who lived in Gathoge area of Kirinyaga County to come and plead with him to hand over the money.

When they confronted Kiura and he failed to produce the money, they beat him up, only to be found dead in the house the next morning by neighbours.

Police were called, leading to the arrest of the three. The body was taken to Embu Level Five Hospital mortuary. The old man and his son were later buried the same day.

A postmortem done on September 12, established that Kiura died as result of head injuries due to blunt object trauma.

In their mitigation, the sisters, through their advocate Guantai Kirimi, cited they were first time offenders and were were remorseful. They also added that they had no intention of killing their father, insisting it was an unfortunate accident.

“They were grieving the death of their brother, whereas the person in charge of preparations of his burial was squandering the money contributed for his burial,” said Guantai.

He added that the two were further distraught at how reckless their father had been and therefore were not in their right senses when they beat him to death.

While pleading for leniency, the lawyer further added that Kagendo has three children, while Wanjira has two in addition to being guardians of other children from their extended family, who are now without minders.

He thus pleaded for a non-custodial sentence for them, which was granted.