Posts Tagged ‘unfair’

Benjamin Cheruiyot,killed his daughter Olivia Chepkirui, 14, last month, charged and sentenced to eight hours imprisonment. He is currently at a village elder’s home at King’wal village in Kapsabet, Nandi County on July 02, 2012 where he is taking refuge awaiting a cleansing ceremony.

How far can a parent go in the
process of disciplining an errant child,
especially when the offence is one
where the parent finds the child
intimate in bed with another child?
Cane them for their foolishness? Slap
and pinch them here and there?
Reach for a leather belt?… How far?
Those were the questions on the
minds of many parents a few weeks
ago after word went round that a
father had killed his 14-year-old
daughter, whom he had found in bed
with their 17-year-old neighbour.
But when a court gave the father all of
eight hour’s jail time for the criminal
offence, the discussion changed from
how far a parent can go when
disciplining their child to what are the
bounds of leniency in social justice.
Mr Benjamin Cheruiyot had stumbled
upon every parent’s nightmare three
weeks ago when he found his
daughter having sex with a young
boy, but his Kongwal village is yet to
understand how a court of law could
pass such a lenient judgment on him,
even after he confessed to killing his
daughter in a fit of rage.
To add insult to injury, they say
Cheruiyot seems unmoved by his
actions, and that he has returned to
his village with unexpected bravado
and baffling confidence.
On June 27, Cheruiyot and his wife
Ruth, an accomplice in the murder of
their daughter Olivia Chepkirui,
walked home free people after Justice
Festus Azangalala jailed the man for a
day and acquitted the wife. The
couple had been accused of beating
their daughter to death between June
9 and 10 at their Chepterit village of
Nandi County.
They had both been charged with the
murder of their only daughter in a
family of five siblings, but their lawyer,
David Rioba Omboto, secured the
release of Ruth after arguing that the
mother was not involved in the killing
of the girl. The lawyer then
successfully applied to have the
murder charge against Cheruiyot
reduced to manslaughter, a charge
the accused pleaded guilty to.
“My client is remorseful and sorry for
what happened. He is a good father
who was just punishing his first-born
daughter after finding her making
love with a neighbour. He did not
intend to kill her, but, unfortunately,
(the victim) passed on,” said the
lawyer in mitigation.

When this team of DN2 (Daily Nation) reporters
visited the quiet hamlet dotted with
farmlands in Nandi last week, they
found Cheruiyot at a village elder’s
home, where he had been
accommodated since he was released
from jail.
He seemed confused but happy at the
same time. Confused because, in his
own words, he did not expect to walk
out of that courtroom practically a
free man, and happy because that is
exactly what happened.
He had expected to be sent to the
gallows, he said, or to cool his heels in
prison for not less than 20 years.
“It’s true I killed my daughter in a fit of
anger,” he explained. “She had been a
disciplined girl, and I guess the
realisation that she had been
misbehaving behind my back got the
better of me.”
Cheruiyot says that all he wanted to
do was teach his daughter a lesson in
good manners, and that he realised
too late that he probably had gone
too far.
After noticing that Olivia had
developed difficulties in breathing, he
unsuccessfully sought assistance to
take her to hospital, but the injuries
she had sustained were so serious
that she died as both mother and
father watched.
The girl had walked out of their
homestead to go fetch firewood, but
Cheruiyot says he watched as she
sneaked into a neighbour’s house. He
waited for a few minutes before
storming into the house, where he
found his daughter in bed with Moses
Kipkemboi, their 17-year-old
He then dragged the girl out of the
house and beat her senseless. He
refused to clarify whether he had used
any weapon in the attack, but doctors
at the Kapsabet District Hospital said
the girl had succumbed to a raptured
Although residents still feel that
Cheruiyot should have been jailed or
given a stiffer penalty than the eight
hours he got, the distraught father
wishes they could understand him
and accept him back to the society.
“I have learnt a lot in the past few
days,” he says. “I now know how
fragile life is, and all I want to do is
repent my sins, get my life back and
raise my remaining children.”

my opinion….That Wasn’t Justice ..