Court convictions betray broken families as kin take on each other

By Gardy Chacha

Machakos, Kenya: In a case ruled at the Machakos High Court in 2012, Joseph Musembi Nzuki is accused of killing his, who was three years old in 2011. Nzuki had sent the deceased to bring him some food, but the boy declined. He hit his son once with a stick on the head and the deceased collapsed and died. The cause of death was head injury caused by blunt trauma and features of battering.

In his ruling, judge George Dulu concluded: “The father (who is the accused) is the protector of the child. He abused his position because of excessive alcohol consumption. It cannot be said for certainty that the same accused will take good care of his other children due to his alcohol drinking habits. I sentence him to serve six years imprisonment.”

In 2008, David Obwaso was accused of killing his brother after an unexplained fall-out. Witnesses said that the accused differed with his brother, the deceased, while at a drinking place. He followed his brother  to his house at night, slashing him as the wife watched. The deceased died as he was being taken to hospital. The judge, D.A. Onyancha found the defendant guilty and sentenced him to two more years in jail, the accused having been in custody for six years at the time of ruling in 2011.

At Kericho law courts, David Kipkurui Soi pleaded guilty to the charge of manslaughter in 2011 after he beat and killed his wife for cheating on him.

Land disputes

Since the offence was committed due to love and passion, the judge, J.K. Sergon, ordered the accused be placed on probation for three  years under the supervision of Kericho probation officer.

 In Bomet, on 17 February 2009 at around 10.00am, Daniel Sigei Kipkoech visited his father’s homestead at Lalwat Village in Bomet County.  He asked his father, Alexander Towett, to give him his share of land inheritance. His father on his part, rebuked him, leading to an altercation. The accused grabbed the stick that his father used to hit him and hit the father on the back of the head. His father fell down unconscious.  He rushed father to hospital but he passed on while undergoing treatment. The judge, justice  Sergon, took notice that the circumstances leading to the commission of the offence were never pre-planned but happened spontaneously.

He ordered that the accused be released from custody to serve probation for two years as well as commence the process of customary cleansing, reconciliation and reintegration.