When water is thicker than blood

By Wahome Thuku

Mbuthia lived in a village in Murang’a District with his wife, their son Lawrence and daughter Esther. The relationship between Mbuthia and his son was sour. Lawrence was a tout at a nearby bus station and his father believed he was playing truant.

One Sunday in March 2007, when Mbuthia’s family returned home from church, his wife realised that Sh2,000, which her husband had given her, was missing. She asked him if he had taken the money back and he said he had not.

TRUANT SON: He was in his parents’ bad books and so when his mother’s money and his sister’s phone went missing, the man who was tout was the prime suspect. Photo/ Boniface Thuku/Standard

Just then, Esther also realised that her mobile phone was missing from her table. Lawrence was their first suspect. He was the only one who had been left at home when they went to church that morning.

Since the village had no power supply, most of the people took their mobile phones to a specific shop at the local trading centre for charging.

The following day, Esther went to this shop and saw her phone being charged. She was informed that her brother, Lawrence, took it there.

Lawrence had left home that Sunday. Esther reported the discovery to her parents. The matter was reported to a village elder and then to the police.

Key witnesses

Three days later, Mbuthia saw his son touting at the bus station and called the police. Lawrence was arrested. Esther’s phone and Sh300 were recovered from his pockets. The phone had Esther’s initials printed on it.

Lawrence was charged with three counts of house breaking, stealing from the father and sister and handling stolen property. Only three witnesses were called to testify.

Mbuthia was the first witness to testify against his son. He said when they went to church they left Lawrence in his own house in the homestead.

Esther who was the second witness, however, said when she and her parents went to church, they did not leave anyone at home.

The house had been locked and she could not know how Lawrence had gained entry. All she knew was that she found the phone missing from the table where she left it.

A police officer who investigated the case said the accused must have used a master key to enter the parents’ house.

Lawrence put a strong defence claiming Esther had sold the phone to him.

He said his sister called him and told him she was selling her phone, as she wanted to leave home. He bought it at Sh2,000.

The following day he went to do touting at the stage and that was where he was arrested.

He accused Esther of setting him up so that he could be jailed. He claimed the family had differed with him for refusing to divorce his wife.

Strong defence

Esther denied having sold the phone to her brother but confirmed that her brother and father had differences.

Mbuthia also refuted claims that his daughter had sold the phone to Lawrence. Mbuthia’s wife was not called to testify.

After a protracted trial before a Murang’a court, the magistrate delivered his verdict. What would be your verdict?