A woman who stabbed her foster mother with a knife 42 times has been convicted of murder by a Nyeri court.
Bernadette Njoki Gachinga told the court she is remorseful of her actions.
After being found guilty by Justice Abigail Mshila on Monday, Njoki sought to be pardoned from the death sentence as provided in Section 203 and 204 of the penal code.
Through lawyer Njuguna Kimani, she pleaded that she is HIV positive and is expectant.
“The accused is HIV positive and expectant. She is due in September. The law provides that a pregnant woman shall not be sentenced to death,” said the lawyer.
Njoki is said to have started harassing her foster mother after discovering she was adopted.
Ms Esther Wangari Kanuri adopted the 33-year-old woman at the age of three months after she was dumped by her biological mother.
The harassments and confrontations moved from bad to worse on the evening of February 23, 2014 when Njoki took a knife and stabbed the physically challenged foster mother, who was suffering from arthritis, 42 times.
Ms Kanuri was taking tea in her living room at the family’s home in Kihuyo village Nyeri when the adopted daughter attacked her.
Njoki stabbed her on the chest, head, neck, heart and stomach.
She also had injuries on the hands, an indication that she was trying to defend herself from her attacker.
The slain civil servant’s body was found by her husband, Mr Michael Kanuri, who is a university lecturer, lying in a pool of blood in her adopted daughter’s bedroom.
Njoki later dragged the body to her bedroom, locked it from the outside and escaped to Nyeri town for a drinking spree in Majengo slums.
Ms Kanuri and her husband had just arrived home from a Sunday service at Kihuyo PCEA Church.
Her house help and granddaughter sensed trouble when they later saw blood on Njoki’s fingers when they were handing her cigarettes in her bedroom through the window.
The two also heard Njoki open the bedroom and came out having taken a shower, changed clothes and left to town.
While in a pub in Majengo, Njoki saw the news of her mother’s death on TV.
But she was not bothered as she continued drinking and she did not even call anybody back at home to confirm the report.
“While I was in the pub, four men came in and said they were looking for the woman who killed her mother. I went behind the club and started smoking bhang. Later, at around 7pm, I left for Nyeri town and saw some three men following
me. I escaped and ran to the police station,” said Njoki, a mother of one.
She admitted harbouring a grudge against Ms Kanuri for reasons she did not disclose.
The differences between Njoki and Ms Kanuri were caused by issues of discipline.
Njoki was said to have been a wild and undisciplined girl since her days in high school and was addicted to drugs like bhang and alcohol.
She had vowed to make her foster mother’s life a living hell.
“I discovered that she was not my biological parent after snooping into a cabinet in the house that was always locked. I was 14 years then and I told my brother that we are adopted children. I became confused and escaped from home for one month to look for my biological mother but I later returned,” Njoki told the trial court headed by Justice Abigail Mshila.
While in high school, Njoki wrote a letter to her foster father telling him how she hated her foster mother.
“Remember I wrote to you an SMS [message] telling you that I hate mum. I was angry. I wish I got to know my real mother,” reads the letter.
Njoki, at some point in her teenage, attempted to commit suicide, saying her foster parents had abandoned her.
Two days before killing her foster mother, Njoki had sent her pastor, Mr George Gichure Mwangi, a text message saying she was angry and would kill someone.
“I now prefer having the devil I know than a fake angel … ungrateful parents … I will make my parents’ life hell on earth. The demons in me are furious and uncontrollable … I will kill anyone who crosses my path,” the message read.
On his part, Mr Kanuri told the trial court that on the fateful day, he went to his farm, leaving his wife and granddaughter at home.
Upon returning to the house, he found his wife lying in a pool of blood in Njoki’s bedroom.
State lawyer Emma Gicheha said Njoki had a frosty relationship with her foster mother but was sympathetic to her father.
“The deceased took Njoki as a toddler and raised her. She provided the accused with everything. It is sad that she could cause her such a painful death,” said Ms Gicheha.
Though Njoki throughout the trial denied killing the elderly woman, Justice Mshila Monday found the prosecution’s evidence was credible, cogent and consistent.
The court also found there was no evidence indicating there was an intruder in the house.
The judge termed Njoki’s defence that during the incident she was away in Nyeri town as an afterthought.
“They had no rosy relationship. The deceased had 42 stab wounds inflicted by a sharp object on the elderly woman. The accused targeted delicate parts of her body,” said Justice Mshila.
Justice Mshilla said the attack caused the elderly woman’s death.
Njoki will be sentenced on July 4, 2019.
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