He splashed inflammable liquid inside his estranged wife’s shop, landing it on the child and lit a match.
Victor Kennedy Gichuru, court heard, started a fire which burnt another child as his ex-wife and a niece ran out to safety.
The May 22 2009 incident is well known to residents of Githurai 44, Nairobi. See what the judge said:http://kenyalaw.org/caselaw/cases/view/125918/
Witnesses, the judge said, established a clear pattern from the time he visited the shop early in the morning before the incident and held a family photograph of himself, his ex-wife, the other child who survived with burns, and, the deceased and announced to them that he “would do something bad”, to the time he threw a flammable liquid at them and set the shop ablaze.
“I find that the accused actions leading upto the striking of the match to light the fire is proof that the accused had formed an intention to either cause death or grievous harm…the person the accused intended to harm has not been clearly established, whether he intended death or grievous harm to any particular family member or all of them,” justice Jessie Lessit said while handing Gichuru the death sentence!
The judge said she had come to the conclusion that the prosecution case was watertight that the accused attacked the family by throwing a flammable liquid inside the room in which they were and lit a match, leading to a huge fire which burnt the deceased causing death.
She said that as ” clearly set out under Section 206 (a) of the Penal Code as long as the intention to cause death or grievous harm is proved, it is irrelevant that the one who dies was not the one intended.”