Freed convict was caught in a bizarre circumcision ritual that left boy dead

Kamiti Maximum Prison, Nairobi. [Boniface Okendo, Standard]

Witnesses told the court that on December 7, 2000, Gikunda visited one Mwiti, who had just been circumcised, but Gikunda himself had not received a cut.

According to the testimonies, it was taboo under Meru customs for a 'boy' to visit a fresh initiate. However, there were different versions of what happened next.

Stephen Muthuri and Shadrack Mutembei gave a different account from that of Gikunda's father, Nkoroi. The two testified that Nkoroi sent them to get the deceased from Mwiti's (the new initiate's) home.

On the other hand, Nkoroi testified that when he came home from the hospital on that day, he was informed that the deceased had been taken by a group of people to be circumcised.

However, they all stated that the deceased was forcefully circumcised in the river.

Again, from the evidence, there were different versions of how Mutembei, Muthuri, and Kirunji became the deceased's caretakers after his circumcision.

According to Mutembei and Muthuri, the deceased's father requested them to take care of his son.

However, Nkoroi testified that on December 9, 2000, four men, including Kirunji, Mutembei, and Muthuri, approached him and told him they were responsible for the deceased's circumcision and ordered him to pay a fine of Sh4,000 or they would kill him.

Imposed caretakers

He testified further that the three imposed themselves as the deceased's caretakers without his consent.

The first prosecution witness, Fredrick Muthaura, testified that on December 15, 2000, at around 7pm, he passed by Nkoroi's home to look for Muthuri.

John Kirunji M'rimbere has a new lease of freedom, courtesy of the president's mercy. [iStockphoto]

Muthaura said he found the deceased in his room in the company of one Mwaki M'meru. Upon inquiring about the whereabouts of Muthuri, he was informed that he had gone to weigh tea leaves. The witness said that five minutes later, Kirunji, who had a panga, entered the room, placed his panga at the entrance, and immediately sat on the deceased's legs; the deceased was then seated on the floor.

Muthaura stated that Kirunji pressed a stick, which he had removed from the room, against the deceased's neck and head-butted him.

The man then proceeded to kick the deceased on his chest several times. When Muthaura asked him what he was doing, Kirunji told him he would also come for him, and he left.

Mwaki told the court that he also witnessed the assault on the deceased. From the record, neither Muthuri nor Mutembei, the deceased's caretakers, were present during this incident.

However, upon their return, the deceased complained of being sick, and as they were making arrangements to take him to the hospital, he passed away.

Chest injury

The postmortem report showed the deceased died as a result of bleeding in the chest cavity due to a chest injury. Based on the prosecution's evidence, Kirunji was placed on his defence, and he gave a sworn statement.

In his reply, Kirunji testified that on December 7, 2000, at around 8pm, while at his house, Muthuri and Mutembei called him to check on the deceased, who had been circumcised.

Kirunji claimed that the deceased informed him he had been beaten by Mbaabu, Muthuri, Mutembei, Kaburu, and Gichunge because he had entered a house of a boy who had been circumcised while he was uncircumcised. According to him, he advised Nkoroi to take the deceased for treatment since he complained of being sick.

Kirunji said he gave the deceased Sh500 for treatment as Nkoroi had no money. The man denied assaulting the deceased and maintained that the charge against him had been fabricated.