Two women on Thursday pleaded guilty to unintentionally killing their father, following a domestic quarrel on the night of January 7 this year.
Esther Mutindi 28 and her sister Emily Mutindi 24, admitted before the High Court to killing Zachary Mutindi, as they were preparing for their brother’s burial.
Appearing before Lady Justice Florence Muchemi, the sisters were accused alongside their mother Tabitha, whose case was not ready for plea bargaining.
The court heard that they ganged up and clobbered their father to death after he used money that had been contributed towards giving their brother a decent send-off.
On that night, Tabitha had a heated argument with her husband Kiura over RTGS8,000 contributed for burial and she phoned her two daughters who lived in close by.
They arrived home at around 10 pm and when Mutindi failed to return the money, they beat him up. Neighbours told investigators that they heard noise coming from the house which stopped around midnight.
Mutindi was found dead the next day by neighbours who informed the area chief, leading to the arrest of the three. The body was removed to the local Hospital mortuary.
After the sisters pleaded guilty, the prosecution noted that they were first-time offenders. In their mitigation through their advocate, the sisters said they were remorseful and had no intention of killing their father.
“The events at home on that night were the culmination of a toxic home environment. They were grieving the death of their brother whereas the person in charge of preparing for burial was squandering the money contributed and would come home drunk and physically abuse their mother.
“When the incident happened, the accused were mourning and were not in their right senses,” said the girls lawyer.
Judge Muchemi said after listening to their mitigation, he found it appropriate to get a probation report about them within seven days during which they will be remanded.