Your verdict: Baby’s deathly visit

By Wahome Thuku

Sometime in June 2001, Chepkirui left her home in Kericho District to visit her auntie, Chebet, in the same village.

She took her two-year old son Kibet, with her. They arrived at Chebet’s house at around 8pm. The baby was asleep and was taken straight to bed.

At dinner time, Chebet asked Chepkirui whether the baby had been fed. She replied in the affirmative saying she would feed him if he woke up at night. After dinner they all retired to bed.

Chepkirui, her son and Chebet’s four-year-old daughter slept in the same bed. The baby did not wake up at night.

Shocking alarm

The following morning, Chebet woke up early, prepared tea and left for her farm. Just as she was starting to work, she heard screams from home. She rushed back and found Chepkirui wailing saying her son had died.

She joined in the screaming and the commotion attracted other villagers to the homestead.

Among those who responded were Chebet’s son, Siele, who lived 100 metres away.

The village elders reported the matter to the local chief who went to the scene immediately.

As the chief explained later, Chepkirui told him that the baby had been sick. But at some point later, she called him outside the house and said she wanted to confess the truth.

The chief said Chepkirui told him that on the way to Chebet’s home she had bought rat poison and a loaf of bread.

The confession

On reaching a river she soaked a piece of the loaf in water, added the poison and fed the baby with it.

She allegedly poisoned Kibet because her mother had been abusing her because of him.

The chief called the other villagers and Chepkirui confessed to them as well. She was arrested, handed over to the police and charged with murder before a Kericho judge.

Meanwhile, a post-mortem revealed that Kibet had died of aspiration. An analysis of his stomach contents gave negative result for poisoning.

Nine witnesses testified including her auntie. A doctor explained that aspiration could occur if food went into the lungs.

He said it was possible for one to suffer aspiration without being strangled and in fact aspiration could not be caused by strangulation. In defence, Chepkirui said that her mother and siblings had rejected Kibet after birth. She had managed to get a casual job as a tea picker to support the baby.

She claimed the baby had come down with pneumonia as they were going to her auntie’s home. She had asked for some money from Chebet to take him to hospital and she had promised to help.

She said she was shocked to find the baby dead the following morning.

Chepkirui said she would have killed the baby soon after birth if she had ill intentions. She claimed the chief had hoodwinked her to confess the killing with a promise that she would not be charged. The chief had then stopped her from telling the police that the baby was ill.

In October 2004, three assessors and the judge delivered their verdict. What would be your verdict?