A Nakuru man found guilty of stabbing his neighbor to death for spilling his milk has been sentenced to 20 years’ imprisonment.
Justice Janet Mulwa while sentencing David Njoroge yesterday said that the offence was very serious and completely unprovoked.
She said that that because of the unwarranted murder, a nun-custodial sentence would not surfice.
“I find that a nun-custodial sentence won’t serve the purpose a sentence is made to serve-to retribute, deter, rehabilitate, restore justice, denounce sin and protect community,” ruled judge Mulwa.
She however exercised discretion and avoided sentencing the accused to death saying that there were circumstances that could not warrant death sentence.
Firstly, she considered that the accused was a first offender
she factored that the accused was ill and had undergone surgery on his abdomen.
Mulwa also took into consideration the accused’s mitigation and pleadings.
“The accused pleaded for a nun-custodial sentence. He said that he had reformed, he was saved and had become a pastor, and he also sought forgiveness saying that he was remorseful,” said Mulwa.
She went ahead to sentence the accused to 20 years’ imprisonment with a 14 days’ window for the accused to appeal his sentence.
“I therefore proceed to sentence the accused to 20 years’ imprisonment,” she ruled.
Njoroge was accused of stabbing Kennedy Waithigo several times after the latter accidentally spilt his milk.
Njoroge allegedly stabbed Waithigo at around 6.30pm on August 20, 2014, at Costarica Trading Centre in Rongai Sub-County, Nakuru County.
The declared him guilty of murder on May 20, 2019, after it established that Njoroge committed the offence with malice aforethought and he had all the intentions to cause death.
“The accused followed (Waithigo) and stabbed him not once but several times on the left chest and buttocks despite interventions from one of the witnesses. The fact that he carried a knife knowing it was a dangerous weapon proved that he had intentions to cause death,” Mulwa said during the judgement.
Waithigo’s wife Lydia Wanjiku had testified that she found her husband lying in a pool of blood while bleeding from his left side of the chest and his buttocks.
It was also established that the evidences of the witnesses were precise and corroborated each other.
"All the ingredients required for proof have been tendered by the witnesses,” Mulwa said.
Earlier, Njoroge defended himself saying he was framed by two of the witnesses who he had had an altercation with over his cow.
The suspect also claimed that when the crime was committed, he was at home with his sisters.