Man who killed stepdaughter to 'punish wife for cheating' jailed

A man who killed his two-year-old stepdaughter to “teach his wife a lesson” after suspecting her of infidelity has been sentenced to 25 years in prison by the High Court in Nairobi.

Justice Alexander Muasya Muteti of Milimani High Court on Tuesday found Stephen Otieno guilty of manslaughter, noting that his actions were savage, barbaric, inhuman, and insensitive, after he admitted to defiling and killing little Tamara Deborah, also known as Njoki, in 2017.

Otieno admitted to defiling and killing little Tamara Deborah in 2017, later abandoning her body in Thogoto Forest. 

The judge said the killing was a “grim picture of a macabre act of betrayal,” and warned that Otieno remained a danger to society, ruling out a non-custodial sentence.

Otieno’s conviction followed a plea bargain that reduced the charge from murder to manslaughter, contrary to Section 202 as read with Section 205 of the Penal Code.

In a pre-sentence report tabled in court, Otieno confessed that he killed the child “to teach his wife a lesson” because he believed she was being unfaithful.

“He (Otieno) admits the offence. He stated that on the material day he took the victim to the forest, defiled and killed her. He later left her in the forest and returned to the house,”  the report by Principal Probation Officer Kiriga Kimani stated.

“He was led to these actions as a result of constant disagreements with his wife. He felt that she was adulterous and thus wanted to teach the wife a lesson and therefore resorted to committing this offence," the report read

The officer noted that Otieno was a 37-year-old mason who had no previous criminal record but exhibited “anger and aggression against others to get what he wants, callous behaviour, and reckless disregard for the victim.”

His own family, the report said, had disowned him and “pulled away from the case and its entire proceedings.”

The community, too, expressed outrage, with the probation officer noting “public outcry” over the heinous crime.

In his judgment, Justice Muteti described the act as the "highest form of betrayal” against the child and her mother.

“This case presents a grim picture of a macabre killing of a minor by a person the minor had all along identified as a father figure,” he said.

“It was the highest form of betrayal by the accused person against the victim and the mother of the deceased.”

The court heard that the child’s mother, Ruth Auma Okeyo, worked as a security guard at Nakumatt Junction Mall.

On the morning of August 18, 2017, she left home for work at around 5:00 a.m., leaving Otieno with her three children, Tamara, and twin infants born in April

The family’s house help, Beatrice Wavuva, arrived shortly after and found Otieno and the children still asleep. 

Around 6:30 a.m., Otieno asked her to dress Tamara, saying he wanted to “go with her to the shop.” 

"The house help dressed the deceased in a jumper, pants, trousers, and sandals. The accused then left the house with the deceased, who had not even taken breakfast. The two did not come back for lunch or supper," the court records show

Wavuva, who testified in the case, informed the court that the two never returned.

When Ruth came home that evening, she found only the twins and the house help. 

Otieno’s phone was switched off. She reported the matter to the Riruta Police Station, launching a frantic search.

A week later, on August 26, 2017, a good Samaritan spotted Otieno in a hotel within Wanyee, Riruta. 

 He, in turn, tipped his two brothers, who went to the place, arrested and escorted him to the Karen police station for questioning.

Initially, Otieno claimed he had left Tamara in Thogoto Forest but did not know what became of her.

While in custody, days later, he called his cousin, John Odhiambo, and revealed the exact location of the child’s remains. 

A search team discovered her clothing, including her trousers, pant, and sandals, as well as Otieno’s phone and ID.

Police later recovered a skull and bones from the forest. DNA results confirmed they belonged to Tamara.

In a powerful victim impact statement tendered in court, the child’s mother, Akeyo, described the unbearable pain caused by the killing.

“I thought Stephen Otieno, the accused, was a good person. I did not know he could commit such an act,” she said.

“The act was unjustified since the child had not wronged him in any way. No one should take the life of another other than God only.”

She lamented that she had waited six years before having a child, only for her daughter to be taken from her in such a cruel manner.

“If I had offended him, why could he not kill me if he had a problem with me? Why would he take the life of such an innocent child who could barely take care of herself?” 

“I would wish the court to take his life. Let him suffer death even if it is today. I would be prepared to provide the rope to hang him. I have suffered emotionally anytime I think of the same. I even contemplate suicide,” overwhelmed with rage and grief, Akeyo told the court.

While delivering the sentence, Justice Muteti said the crime met the threshold for a deterrent and punitive sentence, warning that Otieno remained a danger to society.

“The accused is one man who should not be allowed back into society soon,” the judge said.

 “He remains a danger to the children of this country and requires time to be fully counselled and rehabilitated within the confines of our correctional facilities.”

The court said the killing was gruesome and senseless, especially because Otieno had assumed a parental role.

“The poor innocent girl must have happily accompanied the accused to the forest oblivious of the danger that lay ahead. Having quenched his wicked sexual desire through the obnoxious act of defilement, he should at the very minimum have let the deceased live,” Justice Muteti observed.

"The manner of execution of the crime was most despicable and horrible. His action of killing her and abandoning the body in the forest was the most savage, barbaric, inhuman and insensitive act of a sane man who always carried himself as the deceased’s father,” the Judge added.

While condemning the act, the court acknowledged Otieno’s plea of guilty as a mitigating factor, noting that it had saved judicial time and spared the victim’s mother the agony of prolonged court appearances.

“The acceptance to plead guilty has saved this court valuable time and has also brought the matter to an expeditious closure to save the mother of the deceased further agony,” the judge said.

However, he ruled out any non-custodial sentence.

“The facts of this case militate against a non-custodial sentence. The gruesome nature of the killing calls for a deterrent sentence notwithstanding the plea,” he said.

The judge imposed a 25-year jail term, backdated to August 26, 2017, when Otieno was first arrested.

“By the time he completes that prison term, he will have learned useful lessons and his thirst for sexual intercourse with minors will have drastically reduced on account of age,” the judge concluded.

Otieno, now aged 37, has the right to appeal the sentence within 14 days.