Granny, son set free in murder case after 14 years in jail
Shanzu Law Courts in Mombasa. A 43-year-old woman has been jailed for 25 years for trafficking cocaine and heroin valued at more than Sh1.4 million
An 80-year-old grandmother and her 43-year-old son who were serving life in prison for the murder of the family’s patriarch have been set free by a Mombasa court.
Ms Rehema Abdalla Wanje could not hide her joy as Justice John Mativo finished reading his ruling, which was transmitted via video link to Shimo la Tewa prison, where she had spent the last 14 years.
Her son, Mr Said Abdalla, was also set free after their petition seeking resentencing was allowed by the High Court.
The two had been sentenced to death after they were found guilty of jointly murdering Abdalla Kazungu Wanje in 2008 in Biriyaaa village, Kaloleni sub-county.
Mr Wanje, who died as a result of multiple head fractures inflicted with a stone, was Ms Rehema’s husband and the father of Mr Abdalla.
Their death sentences were later commuted to life imprisonment.
In his ruling, Justice Mativo sentenced them to 14 years, which they had already served, saying the probation officer’s reports on each of the two were favourable to them.
“During my supervisory visits to prison, I visited Shimo la Tewa Women’s prison, where I met the second petitioner (Ms Rehema). She is aged and looked frail and in my assessment prison life is challenging for a person of her age,” Justice Mativo said.
The judge, who noted that the petitioners were remorseful, said he had also considered the need to give both a chance to rebuild their lives. He said he was convinced they had learnt from their mistakes.
“I note their common desire to go back and reunite with their family. I am persuaded that the order that accords with the interests of justice is to release them,” he said.
Ms Rehema told the court that at her age, she had no energy to do prison work while her son said he needed a second chance.
The journey to their incarceration began on March 13, 2008 when another son of Mzee Wanje went to his parents’ home and found his mother alone.
When he asked where his father was, Ms Rehema told him that the old man had left on a journey but did not reveal where he was going.
The son was not satisfied with the answer and he began asking other relatives what might have happened. He established that his father had been murdered and that his brother had a hand in the killing.
The son reported the matter to police, who arrested Mr Abdalla. On April 3, 2008, Mr Abdalla and another person led police to a valley about 15km from the family’s home. They found a mattress, rope, sisal bag, piece of timber and the decomposing remains of his father.
At the family’s home, Ms Rehema pointed out to investigators a huge rock that was used to hit Mzee Wanje in the head.
In sentencing the two to death, the court noted that Mr Abdalla had a grudge against his father, who, he believed, was a witch.
“There clearly was malice aforethought by Abdalla in the killing of the deceased,” read the judgement.
“The fact that after the killing neither he nor his mother made any attempt to report the death to authorities but instead organised to have the body illegally disposed of is a clear indication of a guilty mind on their part.”
