A Nyeri family is pursuing justice following the imprisonment of five of its members, who received a cumulative sentence totaling 100 years.
The devastating ruling came when 60-year-old John Ritho Kihoi, the family’s patriarch, along with his three biological sons and a son-in-law, was sentenced to prison after being convicted of causing grievous harm. READ FULL STORY
The men, currently serving their sentences at Nyeri King’ong’o GK Prisons, recounted the events leading to their imprisonment on the popular Inooro TV show Njeraini Citu (“Our Prisons”).
“I was in the bar, accompanied by my son-in-law. I had some money after selling some onions and one of the men there requested I buy him a drink. I did so, and his wife also made the same request,” Kihoi narrated to the show’s host Simon Kibe.
The elderly man explained that the dispute arose after he bought a drink for another man, who grew upset when he also purchased a beer for the man’s wife. This disagreement quickly escalated into a physical fight outside the bar.
“I remember him hurling a stone at me, but we were all drunk, so I cannot really remember everything that transpired that night,” the remorseful man narrated.
The next morning, the man’s wife attempted to contact him, but he told her to leave him alone, still upset over the conflict that had erupted the previous night.
His life took a drastic turn for the worse when, a year later, he and his sons were arrested in connection to the physical scuffle after the complainant accused them of assaulting him.
“The complainant alleged that my sons and I beat him up that night and that is how we were all arrested,” he stated.
They were charged with causing grievous harm, a serious offense in Kenya that carries a harsh sentence. Grievous harm involves inflicting severe injury or harm on another person, which can include significant physical injury or permanent disfigurement.
The penalty for grievous harm in Kenya can be severe, with individuals potentially facing life imprisonment. The exact sentence depends on the severity of the injury and the circumstances of the case. In Kihoi’s and his sons’ situation, the harm inflicted on the complainant was considered serious enough to result in each receiving a 20-year sentence.
“The judge found us guilty and we were jointly sentenced to 100 years in jail. That means each of us will spend 20 years in jail and will be released in 2037,” he said.
Kihoi is deeply remorseful, particularly for the sake of his sons, as he asserts that they were only involved in trying to separate the fight and were not directly engaged in the altercation.
“I tried telling the court that my sons were not even present but my plea was not heard,” he painfully said.
Back home, the wives of the five men are distraught, struggling to adapt to their new circumstances as their husbands, who were the primary breadwinners, remain behind bars for the next two decades.
One of the sons’ wives attempted to persuade the complainant to withdraw the charge and resolve the matter out of court. However, the complainant demanded a settlement of KShs 800,000, which he did not present to the judge in a timely manner. As a result, the judge dismissed the application, stating that his ruling was final and advised the convicted individuals to consider appealing the decision.
The family has since appealed to well-wishers to assist with legal fees, requesting that any willing lawyers provide their services pro bono due to their challenging financial circumstances.
