Naftali Kinuthia, the man accused of attacking and killing Moi University medical student Ivy Wangeci on April 9, 2019, has been convicted of murder.
While delivering the ruling virtually from the High Court in Malindi on Thursday, October 26, 2023, Justice Stephen Githinji ruled that the prosecution had proved their case against the accused beyond any reasonable doubt.
“Having listened to evidence that was presented before this court against the accused, I am left with no other option but to convict Naftali Kinuthia for killing the sixth-year medical student Ivy Wangeci,” Justice Githinji ruled.
In his ruling Justice Githinji dismissed Kinuthia’s claim that he was provoked to act the way he did, saying the accused failed to prove before the court that he was romantically involved with Wangeci and neither were they married.
According to the judge, Kinuthia used a lethal weapon (a newly sharpened axe with a metal handle) to attack his victim, which left Wangeci with no chance of surviving the aggression.
“If the accused had no intention to kill the late as he claims, he would have chosen to attack his victim with fists which would have given her a chance to survive the attack. Resorting to using a lethal weapon like the axe that was presented before this court can only mean one thing, his intention was to kill her,” the judge added.
Kinuthia's defence
Kinuthia had told the court that he bought the axe, he used to execute the murder in 2018, for self-defence, adding that he always carried it in his car registration number KCB 836B. He further claimed the knife that was found in his car was added there by an unknown person.
“I find the claim that a member of the public added a knife longer than a kitchen knife in the accused person's car laughable and unbelievable. Even though people may buy weapons for self-defence, the weapons found on the accused car were not for the purpose of his own security,” Justice Githinji noted.
For the accused person's regrets as expressed during his defence, the judge said it was a little too late since Wangeci had already lost her life and Kinuthia stands convicted of murder.
Kinuthia's conviction comes four years since his arrest at the Moi Teaching and Referral Hospital (MTRH) after narrowly surviving a mob lynch that attacked him moments after hacking Wangeci with a metal axe.
The ODPP and the victim’s family lawyer lauded the court’s ruling as they asked the judge to give Kinuthia a maximum sentence for murder.
The mitigation and sentencing date has been slated for November 22, 2023.
