The Court of Appeal has reduced the life sentence imposed on Moses Mutembei Muriithi to 40 years, despite upholding his conviction for the gruesome murder of Mary Nthama in October 2016.
Muriithi was initially convicted by the High Court in Chuka for violently killing Nthama at his homestead in Kabaliange Village, Tharaka Nithi County. The incident unfolded in full view of his children, who testified that he slapped and kicked the deceased before smashing her head with a 10kg cooking stone. A post-mortem confirmed she died from severe head trauma.
The trial court had sentenced Muriithi to life imprisonment, citing the brutality and unprovoked nature of the attack. However, on appeal, his lawyer argued that the sentence was harsh and did not properly reflect mitigating factors.
While the Court of Appeal (Justices W. Karanja, J. Mohammed, and A.O. Muchelule) agreed with the trial court’s finding that Muriithi acted with clear malice aforethought, it held that an indeterminate life sentence was unconstitutional based on evolving jurisprudence. Citing Manyeso v Republic, the bench substituted the life term with a definite 40-year sentence.
The appeal was dismissed on conviction but partially allowed on sentencing.
Background:
The fatal incident occurred on October 7, 2016, when the deceased, a neighbor, visited the appellant’s home after a domestic quarrel between him and his wife. Eyewitnesses, including Muriithi’s children, recounted that he struck Nthama on the head with a stone after an altercation. He fled the scene but was arrested days later and charged with murder.
This judgment underscores the court’s shift away from life sentences in favor of determinate terms, even in the most brutal of cases.
