Mind of a killer: How man plotted to rape and murder step sister
On the morning of August 11, 2018, the body of Mariam Abdallah was found half naked inside a kibanda where her step–brother and other street boys lived in Bondeni, Nakuru County.
Police were called to the scene and took up investigations.
The body was on the floor covered with a blanket and upon uncovering her, police and members of the public discovered a piece of cloth tied to her neck.
After the scene of the crime was processed, the deceased’s step – brother Jeff Musau Mutiso was arrested in connection with the murder.
Police investigations established that the deceased was raped before she was strangled.
Villagers present at the scene told the police that Mr. Mutiso and Ms. Abdallah were lovers.
One of the men found near the scene – Haji Ramadhan told the police that the beddings inside the kibanda belonged to Mr. Mutiso who was his friend.
He then led the police to where Mutiso was and they arrested him. They went back with him to the scene and he confirmed to them that the beddings were his and the deceased was his girlfriend.
He was dating his step–sister as the two share a father.
The body was photographed and taken to the mortuary.
Pathologist Dr. George Biketi carried out the post-mortem and concluded that the cause of death was asphyxia due to upper air obstruction and spinal injury caused by strangulation.
At the onset of their investigations, police had collected samples which were taken to the government chemist for analysis.
The samples included the deceased panty, pubic hair, fingernails and vaginal swab. Also escorted to the government chemist was Mr. Mutiso’s DNA samples and his innerwear.
The DNA analysis found that the semen found on the deceased panty matched with the DNA specimen collected from Mutiso’s fingernails.
Mr. Mutiso was charged with the murder of Ms. Abdallah contrary to section 203 as read with section 204 of the penal code.
The particulars of the charge against Mr. Mutiso were that on the 11th day of August 2018 at Bondeni area in Nakuru East sub-county within Nakuru county jointly with others not before the court murdered Ms. Abdallah.
Mutiso denied the offence and the prosecution called eight witnesses including the government analyst Ms. Margaret Wahu Maina who was the star witness in the case, to establish its case against him.
Ms. Maina produced her report which concluded that the semen stains on the deceased’s panty matched the DNA of Mutiso’s fingernails.
She produced the report as part of her evidence.
“If that was the undisputed findings by the witness one wonders why was the accused person’s (Mr. Mutiso’s) semen stains found on the deceased’s panty. The accused attempted to skirt around this issue in his defence evidence but I doubt whether he ousted that scientific findings,” Justice Hillary Chemitei ruled on Wednesday, November 23.
“It is now known that DNA is unique to each individual and the finding of semen in the decease’s clothes in my view is almost a conclusion that he had sexual intercourse with the deceased.”
In the end, the accused was placed on his defence where he gave sworn evidence and did not call any witnesses.
Mr. Mutiso in his defence said he was at Flamingo Estate taking chang’aa on that particular day but Justice Chemitei said there was no evidence to that effect.
Justice Chemitei said there was no other evidence lent by Mr. Mutiso to explain how his semen and spermatozoa was found on the deceased’s panty.
“The accused herein did not vehemently attack the findings of the analyst. In other words, the issue of the DNA analysis was not challenged and in the finding of this court it was the duty of the accused under section 111 (1) of the Evidence Act to prove otherwise,” the judge said.
Chemitei said he has gone through the evidence as tendered by both the state and Mr. Mutiso and what was not in dispute is the fact that the deceased and the accused were relatives’ courtesy of one father.
Secondly, the judge noted that there were no eyewitnesses to the incident and the last time the deceased was seen alive was the afternoon of 11th August 2018 as she told her sister that she was going to her house. The evidence as presented by the prosecution is basically circumstantial in nature.
“The motive for the killing of the deceased remains unknown taking into consideration that she was the accused’s step-sister. There was no evidence of any differences with her or generally the two families,” justice Chemitei added.
Mr. Mutiso is awaiting sentencing.
Also, read our top stories today: