Father sentenced to death for poisoning, stabbing two daughters

THE High Court has sentenced a man to death for the premeditated poisoning and stabbing of his two daughters, aged three and nine.

Justice Kanyi Kimondo delivered the sentence after finding Joseph Simiyu Constant murdered his children, Melisa and Venesa Simiyu, at their home in Shauri Moyo on January 22, 2019. 

The court heard that Constant, 48, first laced their soda with poison before stabbing the girls in the chest. 

“It was a macabre scene: the bodies were lying face down on a mattress on the floor with penetrative stab wounds to their chests,” the court heard. 

The government analyst found traces of poison in their stomach and liver samples.

The convict also bore self-inflicted stab wounds, and a suicide note allegedly authored by him was recovered in the house. 

The children had been left under his care after he chased away his wife.

The principal prosecution counsel had urged the court to impose a stiff and deterrent custodial sentence, describing the accused as a "perpetual offender and beyond reform".

She termed the penetrating injuries to the chest and the poisoning "sadistic and a breach of trust by a parent". 

The prosecution also noted the serious impact the offence had on the life of the mother, relatives and the community, adding that Constant had previous brushes with the law.

“According to the CRO report filed in court, there are two previous records: On June 26, 1995, he was sentenced to six months for being rogue and a vagabond and on December 18, 1997, he was sentenced to eight months for shop-breaking and stealing,” court documents say. 

But defence counsel prayed for a non-custodial sentence, arguing that Constant's previous convictions were for minor offences. 

He said the accused was remorseful, had reformed and deepened his spirituality, highlighting that Constant had attained several certificates in custody, mastered tailoring and servesd as a moderator of the church and chief usher. 

He further prayed for mercy in view of the convict's chronic medical conditions, including hypertension and asked the court to take into account the time spent in remand custody.

In the pre-sentencing report dated April 27, senior probation officer Magdaline Kioni recommended a "custodial rehabilitation plan".

Kioni cited the calculated nature of the offence and the lack of a dedicated individual to oversee such a plan. 

The mother of the deceased children told the probation officer that despite the convict's attempts at reconciliation, the crime demanded a severe punishment. 

She stated that no recompense could undo the physical, psychological and emotional trauma inflicted, and expressed concern that the accused would pose a danger to her and the community if released.

In his ruling, Justice Kimondo underscored that while the mandatory nature of the death sentence under section 204 of the Penal Code was declared unconstitutional, murder is a grave felony that attracts the death penalty.

“It bears repeating that the decision did not outlaw the death penalty, but it left the court with discretion to impose a lighter sentence.”

The court found that the gravity of the crime outweighed the mitigation. 

“But this is a double murder most foul; perpetrated in cold blood by a father against his defenceless daughters aged three and nine respectively,” he observed.

“It was well-calculated and ghoulish; perhaps aimed at sending a chilling message to his estranged wife.”

The judge  imposed the death penalty on each of the two counts, observing that the twin killings had inflicted unbearable pain on the wife and dismantled the family's existence. 

Constant retains the right to challenge the decision before the Court of Appeal within 14 days.