Alice Njoki

Case record: Alice Njoki

Background

Alice Njoki was 27 years old at the time of the sentencing. She had been married to David Njoroge Waweru, and the couple experienced constant marital differences. The court found that she had concealed her son from her husband. Her husband learned about the child about one year after their marriage, and friction and quarrelling followed. During the period before the killing, the child stayed with Njoki’s mother.

Njoki had one daughter with David Njoroge Waweru.

The offence

Alice Njoki killed her five-year-old physically-challenged son, Peter Mugo (also referred to as Peter Mugure), who was deaf and dumb. The killing took place on the night of June 25 and 26, 2009. The body was later discovered in a pit latrine a few days after the killing.

The court found that Njoki killed her son “to save her collapsing marriage” and “to stabilise her marriage.” The judge stated that Njoki was hiding the child from her husband and that the discovery of the child caused friction, and then she killed the child “to stabilise the marriage.”

Investigation and aftermath

Alice Njoki sneaked to her mother’s Nyambari homestead in Limuru, Kiambu County on June 25, 2009 and took away her son. None of the relatives knew about her visit, including her mother who was living with the child.

Villagers became suspicious after the child’s disappearance and suspected Njoki might have been involved. An irate mob flushed her out of her house and clobbered her. The mob demanded to know what had happened to the boy as her husband watched helplessly. The husband rushed to Tigoni Police Station to report the matter.

After a confrontation at the gate, Njoki was hit with a blunt object, breaking her leg. She threatened to commit suicide during the confrontation. A doctor’s report presented by the defence during the hearing showed that she had suffered serious injuries following “mob justice.”

Njoki was taken to Tigoni Health Centre and later transferred to Kiambu District Hospital, where she was admitted for two weeks. Her confession led to the discovery of the body by police. Njoki later confessed to one of her sisters that she had decided to kill her son because she was scared Njoroge would leave her upon discovering she had concealed the child’s birth before they were married.

Arrest

Njoki’s husband reported the incident to a police station in Tigoni.

Trial

The High Court case involved Judge Nicholas Ombija. On sentencing day, the court rejected Njoki’s plea for leniency. Njoki denied killing her son and pleaded that she was young, naive, and not in her right mind when she committed the offence. She also said she had learnt her lesson while in prison remand for the last four years and pleaded for leniency. The judge disagreed with Njoki’s evidence, stating that the facts were inconsistent with innocence.

Evidence and witnesses

The prosecution called seven witnesses, including Njoki’s mother, Mary Wangari. Mary Wangari testified that she had stayed with Njoki and her child for three years before Njoki got married. On the material day, Mary Wangari grew suspicious after hearing that the child’s body had been found in a pit latrine, and she informed the police on the strained relationship between her daughter and her husband. The court was told that this information helped police piece together Njoki’s motive.

Njoki’s siblings also testified. They said that Njoki went home when their mother was away and picked up the child.

Verbatim quotations from the trial/judgment

Justice Nicholas Ombija said:

“Having looked at the evidence, I agree that the accused was hiding the child from her husband. The discovery of the child caused friction with her husband. To stabilise the marriage, she killed the child,”

Justice Nicholas Ombija also said:

“The facts are inconsistent with the innocence of the accused and incapable of providing any other explanation other than guilt,”

Sentencing

Justice Nicholas Ombija sentenced Alice Njoki to six years imprisonment.

The judge stated that Njoki must suffer custodial punishment for killing an innocent child with the selfish intention of “stabilising her marriage.” The court rejected her plea for leniency.

Appeals

No appeal information was provided.

Outcome

Alice Njoki was found guilty of killing her deaf and dumb son Peter Mugo (Peter Mugure). She received a six-year prison term, with sentencing dated September 4, 2013.

Other details

• The child’s body was discovered in a pit latrine a few days after Njoki took the child away.
• The villagers forced Njoki’s mother to reveal what had happened to the boy after the child’s disappearance.
• During the confrontation, Njoki sustained a broken leg and other injuries.