Your verdict: A tragic puzzle

By Wahome Thuku

Emily was only 16-years-old when she got married to Shadrack in 1996. She was then a house-help while Shadrack operated a small business near Molo area, Nakuru District.

The couple got two children, Peter and Maria. Then one day in September 2001, a tragedy struck leaving the family in shambles.

That day, two year old Peter woke up at around 6am and had breakfast with his dad. Shadrack then left for his workplace, leaving his wife and children at home. Maria was then seven months old.

Shadrack spent a peaceful day at work. As he returned home at around 5.30 pm, Emily approached him at the gate looking disturbed. She told him that Peter had fainted and was very ill. She did not tell him when the boy fainted.

Shadrack rushed into the house and saw the child covered with a light blanket on a makeshift bed. At first he thought the boy was sleeping, but on examining him, he realised he was actually dead. The body had no physical injuries.

Shadrack ran out of the house and went and reported the incidence to a nearby Administration Police camp. The information was passed on to the local police station and several officers were assigned to investigate the case.

Police investigation

The officers went to the home in the company of Shadrack and found Emily there. She told them that the baby had just fainted for no apparent reason.

The investigators then took the body and asked the couple to accompany them to the station. After interrogating Emily further, they concluded that she was involved in the death and had actually killed the baby. She was locked up and the body taken to the local hospital mortuary.

In July 2002, after almost one year in remand, Emily was arraigned before a High Court judge in Nakuru and charged with the murder.

The prosecution called her husband and one of the police officers to testify.

Shadrack told the court that when he left the boy in the morning, he had no signs of sickness. He said he had no marital problems with his wife but he suspected that she had killed the baby.

The police officer narrated to the court how they had received the report, gone to the scene and taken the body to the mortuary.

He could not remember whether or not a post mortem examination was conducted, but he confirmed that the body had no visible injuries.

Prosecution delays

The date when the incidence occurred was different from that quoted by the officer in court.

After these two witnesses, no other witness was ever called testify or additional evidence adduced in court. The case remained in court for almost four years awaiting to be prosecuted to conclusion. It was adjourned numerous times as police said they were still looking for witnesses.

In February 2005, the court allowed the last adjournment and set the next hearing date in May the same year. That day no witnesses were called. The State applied for another adjournment to look for witnesses but the request was denied. The judge ordered them to close the case. The State counsel closed the case and asked the court to put Emily on her defence based on the evidence on record.

In July 2005, the court delivered its verdict.

What would be your verdict?