- His wife Edna Cherop testified against him as the chief prosecution witness, saying he was aggressive
- In his defence, Kiptoo said he spent the day working in the fields and later that evening, went for a drink and did not know what he had done
Image: FILE
A dad returned home at 6pm drunk and found one of his daughters asleep on the floor.
He went for her neck and strangled her to death, despite pleas from his shocked wife.
The tragedy happened in December 2012.
Gilbert Kiptoo was convicted of murder in 2019.
The court sentenced him to death, arguing he should suffer the same fate as his girl.
During the trial at the High Court, his wife Edna Cherop testified against him as the chief prosecution witness.
She told the court Kiptoo found their child, Faith Chepkosgei, sleeping.
Her husband was aggressive and when she inquired what had transpired, Kiptoo retorted that he had been assaulted.
“He then picked up the baby and strangled her, saying he would kill her. She witnessed the appellant strangle the baby until her mouth remained wide open,” the court papers report.
He also threatened to smash the baby’s head on the floor.
When Kiptoo failed to heed her pleas, Cherop ran and hid in a neighbour's latrine, where she heard a smashing sound.
She sent someone, identified as Joshua, to go and ascertain what had happened, only to learn the child had died.
Cherop later identified her daughter's body for postmortem examination.
That is when she saw a crack at the back of the skull.
In his defence, Kiptoo said on the material day, he spent the day working in the fields and later that evening, went for a drink.
“He stated that he got completely drunk and did not even know the time he went back home," the papers read.
"According to him, he only woke up the next day at the police station, where he was informed that he had killed his child.”
The court ruled that the case against the man was ironclad, dismissing the grounds of appeal he had cited.
His defence, of being drunk, held no grounds as it was voluntary intoxication, the court said, and that he ignored the desperate plea by his wife to spare the life of their little girl.
After years in jail, Kiptoo appealed the sentence, arguing that the prosecution did not prove their case beyond reasonable doubt.
The trial court relied on the uncorroborated evidence of a single witness, he said.
Moreover, the postmortem report was produced by an unqualified witness; the investigating officer was not called to testify; and the death sentence was harsh.
On July 12, a new judgement was given.
The Court of Appeal overturned Kiptoo's death sentence and replaced it with 30 years behind bars.
"The appeal against the sentence partially succeeds with the consequence that the death sentence is set aside and substituted with a prison sentence of 30 years,” the court said.