Best friend killer gets 30 years

In Summary

• Lady Justice Roselyn Wendoh concluded that Waithaka planned and executed his attack with precision by first enjoying a lavish “last supper” with his friend and then leading him to a lonely path where he hit him countless times on the head with a hoe handle.

A man who bought his best friend a round of drinks and a “lavish supper” and then clobbered him to death Wednesday begun a 30-year jail term.

David Waithaka treated Mr Francis Kimotho to free food and drinks and then led him to a lonely path where he killed him.

The High Court in Nakuru was told Waithaka pounced on Mr Kimotho with a hoe handle, saying it was a lesson for perennially abusing him.

Lady Justice Roselyn Wendoh concluded that Waithaka planned and executed his attack with precision by first enjoying a lavish “last supper” with his friend and then leading him to a lonely path where he hit him countless times on the head with a hoe handle.

“You had a well thought-out plan. That is why you bought him food, drinks and later insisted on accompanying him home. Despite his pleas that you stop hitting him, you hit him until he was no more,” she said.

The judge also observed that Waithaka was incensed by Mr Kimotho’s incessantly accusing him of incest in public.

On June 25, 2010, Mr Kimotho and Waithaka moved from one pub to another as the former was denied service in many others for being noisy and abusive after getting drunk.

They finally settled for their last couple of drinks at a bar in Ndogino village in Nyandarua North District and then headed home.

A neighbour, Ms Irene Wacuka, testified she and her husband heard Mr Kimotho screaming and on going to the scene saw Waithaka, whom they knew, fleeing. The couple retired to bed because they knew that the two fought frequently when drunk.

But the following morning, Ms Wacuka was shocked to find Mr Kimotho’s body outside her gate. She alterted her husband and the police.

Investigations showed Waithaka’s involvement in the crime. A forensic analysis of the blood stains found on his yellow t-shirt, a black pair of trousers and a plank of timber matched Mr Kimotho’s blood.

But Waithaka claimed injuries on Mr Kimotho were old wounds sustained a week earlier during a pub brawl where his friend was thrown out for insulting him.

The court found that the evidence showed Waithaka executed his friend after their lavish supper which provided him with an opportunity to commit the heinous act.

Waithaka pleaded for leniency saying he was a family man with three school-going children who solely relied on him for their upkeep.

The court said his family responsibilities ought to have guided his actions, especially before he killed his friend for verbal abuses.