Court hands death sentence to man who murdered and buried minor in his home

The High Court in Nyeri has sentenced Nicholas Julius Macharia to death for the murder of a minor identified as TBK, whose name was withheld to protect her identity.

Justice Kizito Magare delivered the sentence on February 19, 2026, after the accused changed his plea from not guilty to guilty to the charge of murder contrary to Sections 203 and 204 of the Penal Code.

The court heard that the offence was committed on May 24, 2025, in the Witemere area within Nyeri Township. The child was known to the convict through her family — a factor the judge said aggravated the seriousness of the crime due to the breach of trust involved.

In Courts.

Prosecution evidence included the clothing worn by the deceased, a spade and fork jembe believed to have been used to conceal the body, CCTV footage showing the convict with the child, forensic reports from cybercrime analysts and the Government Chemist, a confession statement, crime scene photographs, and a medical assessment of the accused.

A post-mortem report revealed multiple injuries consistent with severe physical and sexual assault, including facial trauma, injuries to the mouth, and extensive genital injuries accompanied by tears, lacerations, and hemorrhage.

In sentencing, Justice Magare ruled that the brutality of the offence far outweighed the mitigation offered.

“The convict does not deserve mercy, though he pleaded guilty. The convict was ruthless, and calling him a beast is an understatement.”

The judge expressed shock at the offender’s conduct after the killing, noting that he buried the child inside his house and continued living there.

“Despite killing and burying the minor in his house, he continued residing in the same house, fully cognizant that he had transformed it into a place of death and a cemetery.”

Macharia attempted to attribute his actions to supernatural forces, an argument the court dismissed.

“The court is unable to discern any role played by the devil in the commission of the offence. Criminal responsibility rests with the offender.”

Justice Magare further warned that the conduct and confession demonstrated a troubling disposition requiring firm punishment to protect society.

“Such conduct reveals a profound disregard for human life and dignity and suggests a troubling readiness to repeat similar actions if afforded the opportunity.”

The court also considered a victim impact statement from the child’s mother detailing the emotional trauma suffered by the family and the wider community.

The judge concluded that the offence warranted the ultimate penalty both as punishment and deterrence.

Macharia was sentenced to death in accordance with Kenyan law and informed of his right to appeal within 14 days. A death warrant was ordered to be transmitted to the competent authority.

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