Death sentence for man who blamed the devil for murder of 6-year-old girl

LEFT: Nicholas Julius Macharia, who has been sentenced to death /KNA /CENTRE: Justice Kizito Magare /JUDICIARY/ RIGHT: Baby Tamara Kabura /HANDOUT

A High Court judge in Nyeri delivered an extraordinary rebuke from the bench after a convicted killer attempted to blame the devil for the murder of a six-year-old girl.

Justice Kizito Magare rejected the claim outright, saying criminal responsibility lies with the offender — not supernatural forces — before sentencing Nicholas Macharia to death.

Macharia was found guilty of killing the child on May 24 last year in the Witemere area within Nyeri Township.

The court heard that he was known to the girl through her family. After murdering her, he buried her body inside his house — and continued living there, giving no indication of a crime.

The chilling ‘demonic’ detail formed part of a case built on CCTV footage tracing the convict’s movements with the child, forensic evidence, photographs from the crime scene, a cybercrime report and his own confession.

Investigators also recovered the child’s clothing, along with a spade and fork jembe believed to have been used to dig the shallow grave inside the house.

A postmortem report presented in court revealed multiple injuries consistent with significant trauma, including genital injuries.

The report also disclosed genital injuries, including a broken hymen with severe vaginal injuries with vaginal tears, lacerations and severe haemorrhage.

It was Macharia’s defence, however, that drew the court’s sharpest words.

“In his confession, the convict sought to attribute his actions to the devil,” Justice Magare said during his sentencing last Thursday. “The court, however, is unable to discern any role played by the devil in the commission of the offence.Criminal responsibility rests with the offender.”

The judge said that Macharia showed no remorse and displayed what he described as a disturbing disregard for human life and dignity. His demeanour in court, the judge added, suggested a troubling readiness to repeat similar actions if given the opportunity.

Equally aggravating, the court found, was the convict’s conduct that followed the killing.

“Despite killing and burying the minor in his house, he continued residing in the same house, fully cognisant that he had transformed it into a place of death and a cemetery,” Magare said.

“Such conduct underscores a disturbing level of moral depravity and aggravates the gravity of the offence.”

Although the convict pleaded for leniency, the court ruled that no mitigating factors could outweigh the brutality of the crime.

“The convict was ruthless and calling him a beast is an understatement,” the judgment read.

“In the circumstances of this case, the responsibility lies squarely and entirely with the convict. The devil is innocent in that respect, as he was not involved.”

Justice Magare sentenced Macharia to death in accordance with the law and directed that a death warrant be transmitted to the competent authority for execution.

Macharia has 14 days to appeal the sentence.

The last execution in Kenya took place in July 1987 after the attempted coup.