When Nyeri High Court Judge Kizito Magare pronounced the death sentence against Nicholas Macharia on Thursday, cameras captured a moment that quickly drew public attention.
Immediately after delivering the judgment, the judge broke his pen.
To many observers, the gesture appeared dramatic, symbolic and unusual.
Why would a judge break a pen? Is it required by law? What does it mean?
The act is neither theatrical nor accidental.
It is an old judicial tradition rooted in symbolism, history and the solemnity of capital punishment.
Understanding the gesture requires examining its origins, its meaning in modern courts and the broader legal context, particularly in Kenya, where the death penalty still exists in law but is rarely carried out.
The case that led to the ultimate sentence
Macharia, 35, was convicted of the murder of seven-year-old Tamara Blessing Kabura, an offence the court described as premeditated and executed with utter disregard for human life.
Court records showed that on May 24, last year, the Grade 1 pupil went missing from Nyeri Town open-air market, where her mother, Susan Wanjiru, operated a small business.
At about 6pm, the child encountered Macharia, a man known to her family.
Trusting and unsuspecting, she followed him to his house in Witemere.
There, the court heard, he sexually assaulted her, killed her and buried her body beneath his bed in an attempt to conceal the crime.
After a frantic two-day search, CCTV footage from a nearby spare parts shop captured Macharia walking with the child.
He was arrested on May 26 and led detectives to his house, where the body was recovered.
A postmortem conducted at the County Referral Hospital confirmed that the minor had suffered multiple injuries and had died after being assaulted and suffocated.
Macharia later recorded a confession with detectives admitting to the crime.
Evidence and victim impact
While delivering the judgment, Justice Magare said the prosecution had presented overwhelming evidence, including clothing recovered from the scene, CCTV footage, forensic analysis from the Government Chemist, cybercrime reports, photographs, a confession statement and medical assessment reports.
The court also considered the victim impact statement from the child’s mother.
Earlier in the proceedings, Wanjiru rejected an apology from the accused, describing the emotional devastation suffered by her family and the community.
Justice Magare noted that the crime had caused deep trauma beyond the immediate family.
Macharia was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code.
Although he eventually pleaded guilty, the court ruled that the admission did not lessen the gravity of the offence.“Though you pleaded guilty, that plea of guilty does not by itself remove the seriousness of the sentence,” the judge said.
“It is a good thing to save judicial time, but the mere fact that time was saved in the hearing of this matter does not shorten the sentence. It may be useful in smaller cases, but for murder, that does not count.”
During mitigation, defence lawyer Mahugu Mbarire urged the court to consider a lesser sentence, arguing that the accused had no previous capital offence record and was capable of reform.
“He informs me that he is a proper candidate for rehabilitation and in need of counselling,” counsel submitted. “Essentially, the accused is not beyond reform and therefore the death sentence is not merited.”
The court was unmoved.
“In view of the circumstances and having considered the law and the objectives of sentencing, the ultimate penalty remains available and applicable,” Justice Magare ruled.
“Therefore, accordingly, I find that you are hereby sentenced to death,” he pronounced.
The prisons Act provides this was,” when any person is sentenced to death, he shall be hung by the neck until he is dead and the sentence shall be carried out in a manner as the commissioner shall direct.”
A death warrant shall be transmitted to the competent authority for signing and carrying out of the sentence after 30 days stay of execution.
“The sentence must reflect the offence, denounce the conduct in the strongest terms, protect society and serve as a deterrent measure.”
“You are hereby sentenced to death. A death warrant will be transmitted to the competent authority for execution within 30 days,” the judge ordered, while granting the convict 14 days to appeal.
The sentence was delivered in a packed courtroom and was received with relief by the victim’s family.
Twists before conviction
The case took several turns before conclusion.
