David Mutuku Ndemwa, vanished without a trace immediately after the murder. He was caught purely by coincidence a year later when the victim's family spotted him at Kitui Level 5 Hospital.
For nearly a year after a 67-year-old trader was found strangled to death in her bedroom in Matuu, Machakos County, the man suspected of killing her had disappeared without a trace.
Police could not find him. Relatives of the deceased did not know where he had gone. His sudden disappearance immediately after the killing fuelled suspicions, but investigators were unable to locate him.
Then, in an unexpected twist, a chance encounter at a hospital hundreds of kilometres away exposed his whereabouts and breathed new life into a murder investigation that had gone cold.
The man, David Mutuku Ndemwa, was eventually arrested after relatives of the deceased unexpectedly spotted him at Kitui Level 5 Hospital, ending months of uncertainty and setting in motion a murder trial that culminated in his conviction by the High Court.
In a judgment delivered on June 12, 2026, the court found that a chain of circumstantial evidence proved beyond reasonable doubt that Ndemwa murdered his employer, Martha Mbeke Thambu, before fleeing and going into hiding.
"The totality of the circumstantial evidence forms a complete chain pointing irresistibly to the accused person and no one else," the judge ruled.
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The murder occurred on the night of August 6, 2020, at Masewani Village in Yatta Sub-County, Machakos County.
According to evidence presented in court, Ms Thambu operated a cereal business and lived within a homestead where Ndemwa worked as her shamba boy and herder. He was the only employee at the home and occupied a house within the compound.
Court records show that Ms Thambu spent the day attending to her business before closing her shop in the evening. Witnesses testified that Ndemwa was with her at the shop and later accompanied her as she returned home.
One witness told the court that he saw the pair together at the trading centre and later saw them walking home. The evidence became critical because it established that Ndemwa was among the last people known to have been with the deceased while she was alive.
Significantly, he did not dispute that fact. In his defence, Ndemwa admitted that he had spent the evening with Ms Thambu and walked home with her after she closed her shop.
The following morning, tragedy unfolded. The elderly woman was discovered dead in her bedroom.
Her body was lying on a bed and covered with a blanket. Family members who found her immediately suspected foul play and reported the matter to police. A post-mortem examination later revealed the extent of the violence that had been inflicted upon her.
The examination, conducted by a government pathologist, established that she had died from manual strangulation. The doctor found extensive injuries around her neck, including damaged tissues and ruptured blood vessels.
There was also evidence of bleeding from the mouth and nose. The judge found that the medical evidence conclusively established both the fact and cause of death.
As investigators sought answers, attention quickly turned to Ndemwa. When relatives and neighbours went looking for him after the killing, they discovered that his house had been locked.
A padlock hung on the door. His clothes and personal belongings were gone.
Witnesses testified that there was no sign of him anywhere within the homestead.
The court heard that Ndemwa's house was situated only a short distance from the deceased's residence within the same compound.
Given his proximity to the victim and the fact that he had been seen with her shortly before her death, his disappearance immediately raised suspicion.
Justice Rutto observed that his conduct following the murder was highly significant.
Evidence showed that he vanished immediately after the killing and remained untraceable for months.
"The disappearance of the accused immediately after the death of the deceased is a significant inculpatory circumstance," the judge observed.
For nearly a year, the trail appeared to have gone cold. Police were unable to locate the suspect despite investigations. Relatives of the deceased had resigned themselves to the possibility that he had permanently escaped justice. But fate intervened in February 2021.
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According to evidence accepted by the court, family members of the deceased happened to visit Kitui Level 5 Hospital.
While at the facility, they unexpectedly spotted Ndemwa.
The man who had vanished immediately after Ms Thambu's death and had remained missing for months was standing before them. Authorities were informed and he was promptly arrested.
Following his arrest, Ndemwa was charged with murder.
The Judge noted that the accused had not voluntarily resurfaced. Instead, he had been discovered purely by coincidence.
"His resurfacing after this long period was not even voluntarily on the part of the accused. It was by sheer coincidence when he was stumbled upon by deceased family members," the judge stated.
The judge stated that Ndemwa had planned to kill his employer.
"Strangulation is not an accidental act. It involves deliberate application of force to the neck sufficient to obstruct breathing and blood circulation," the judge said.
The court noted that the injuries were directed at a vulnerable part of the body and demonstrated a clear intention to either kill or inflict grievous harm.
During the trial, he denied responsibility for the killing and offered an alternative explanation for both the death and his disappearance.
He claimed that as he and Ms Thambu approached the homestead on the night of August 6, 2020, they were confronted by four unknown men.
According to him, the men attacked and abducted him before taking away his belongings.
He alleged that he was assaulted and later abandoned, eventually finding his way elsewhere.
The court, however, found the explanation implausible.
The Judge pointed out that Ndemwa never reported the alleged kidnapping or assault to police.
He also failed to provide medical records or any independent evidence to support his account.
The judge further questioned why the alleged attackers would abduct him while leaving the deceased to be killed.
"The court finds this explanation implausible and unsupported by any independent evidence," the judge ruled.
The court was also troubled by the fact that Ndemwa never mentioned the alleged attack immediately after his arrest.
Instead, the explanation only emerged later during his defence.
That omission, the court found, significantly weakened his credibility.
Another piece of evidence considered by the court was the disappearance of Ms Thambu's mobile phone after the murder.
Although the prosecution did not produce direct evidence linking Ndemwa to the missing device, the court considered the fact alongside his conduct after the killing.
The court observed that flight alone does not necessarily prove guilt.
However, the judge noted that it may reinforce other evidence pointing towards culpability.
"Flight by an accused person, though not conclusive proof of guilt, may amount to corroborative conduct pointing towards a guilty mind when considered together with other evidence," the judge said.
The court found that the prosecution had established an unbroken chain of circumstances linking Ndemwa to the crime.
He was the last person seen with the deceased, lived within the same compound and worked for her and that deceased was found dead shortly after they returned home together.
The Judge concluded that the circumstances pointed irresistibly to one conclusion.
"The accused was the last person seen with the deceased, all heading to the home of the deceased. He resided within the same compound. The deceased was found dead shortly after they returned home together," the judge said.
The court further held that there was no reasonable explanation consistent with innocence.
"This Court is therefore satisfied that the prosecution proved beyond reasonable doubt that it was the accused who unlawfully caused the death of the deceased," the Judge ruled.
On the issue of intent, the judge found that the manner in which Ms Thambu was killed demonstrated malice aforethought.
"The act of strangling an elderly woman until death demonstrates a clear intention to either kill or to cause grievous bodily harm," the court held.
The judge further observed that Ndemwa's conduct after the killing was inconsistent with that of an innocent person.
Instead of reporting the alleged attack or seeking help for his employer, he disappeared from the scene and remained in hiding for nearly a year.
"Such conduct is inconsistent with innocence and supports an inference of malice aforethought," the judge said.
Having found that the prosecution had proved all the ingredients of murder beyond reasonable doubt, the court convicted Ndemwa of the offence.
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