Five residents of Embu county have been sentenced to six years in jail for lynching a chicken thief six years ago.
The court, however, directed that two other suspects’ probation reports be availed before it to determine if they should be jailed or be put under probation.
Judge Florence Muchemi delivered the ruling on Friday. She convicted all the seven suspects with the murder of Benjamin Mugo, 29, at Ishiara village, Mbeere North subcounty on July 25, 2014.
Muchemi ordered that Simon Ndwiga, Abida Njeru, Samuel Nyaga, Ngondi Nginya and Stephen Ngare serve the six years without a fine option.
Other accused, Acrina Ngungi and Benedita Ngithi, will have their fate determined by their probation report.
Muchemi said that the evidence provided by prosecution witnesses proved beyond reasonable doubt that the suspects jointly and unlawfully murdered Mugo.
Lawyer Momanyi Gichuki, representing the suspects, had submitted that the prosecution witnesses’ evidence was conflicting and thus could not substantiate beyond doubt they committed the crime.
The lawyers had thus applied for release of their clients unconditionally arguing it would be unfair to jail them without enough evidence.
Muchemi, however, overruled them saying the prosecution witnesses’ evidence was sufficient.
Mugo was accused of stealing a neighbours chicken, which led to the convicts dousing him with petrol and setting him ablaze before his mother and other well-wishers rescued him and took him to hospital.
He died at the Embu Level 5 Teaching and Referral Hospital.
Edited by EKibii.
