A 52-year-old Ugandan herbalist who was found guilty of the
murder of a Kenya National Union of Nurses official has been sentenced to serve
25 years in jail by the High Court in Eldoret.
Justice Reuben Nyakundi convicted the herbalist, Mawanda
Asuma, over the killing of Ferdinand Ongeri, who was the deputy chairman of
KNUN Kisumu branch.
The deceased, 40, was based at the Ramogi Institute of Advanced
Technology dispensary in Kisumu county.
Asuma committed the offence between July 24 and July 27,
2019, in Kimondi forest, Nandi county.
Justice Nyakundi said the herbalist had been fully licensed
to operate and that the deceased had trusted him.
Asuma had pleaded not guilty to the murder charge and was
denied bond/bail after the prosecution convinced the court that he was a flight
risk.
In his ruling, the judge said the prosecution had proved the
murder case beyond a reasonable doubt.
Justice Nyakundi noted that Mawanda’s co-accused had pleaded
guilty and entered into a plea bargain during which he confessed how the
offense was committed.
“Your co-accused was jailed for 15 years after he confessed
to what happened, but considering the evidence brought to court, you bear the
greatest responsibility for the killing,” the judge said.
Justice Nyakundi said Mawanda and the deceased had a dispute
over Sh200,000 which led the herbalist to scheme the murder.
Nyakundi said the deceased had sought treatment from Mawanda
whom he believed could chase away some evil spirits that were tormenting him.
“He paid you and
believed that you had the powers to chase away the evil spirits but the plan
did not work leading to a dispute over the money paid by the deceased,” Justice
Nyakundi said.
In his defense in December last year, Asuma distanced himself
from the torture and murder of the official saying the deceased was not only
his client but also best friend.
He told the court that he had been administering herbal
medicine on the deceased who was suffering from complications related to
obesity arguing that there was no way he could have contributed to his demise.
Mawanda said he was so close to the official that the
deceased had introduced him to his close family members including his mother
who is a retired nurse.
“He was not only my client but also a close friend,” Mawanda
said.
But Justice Nyakundi said Mawanda used their closeness to
lure the deceased and hire hit men to commit the murder.
“Your co-accused was part of the entire scheme and confessed
to it. You hired the hit men who killed the deceased and dumped the body in
Nandi far away from where he lived,” Nyakundi said.
The court was told that the herbalist operated his business
in East African states among them Kenya, Uganda, Tanzania and Rwanda.
Ongeri went missing from his work station just after
successfully negotiating a promotion for nurses in Kisumu.
His decomposed body was later found dumped in Kimondi
forest, a few kilometres away from Kapsabet town in Nandi county by herdsmen
who reported the incident to the local authorities.
Kiptuywa area chief Emily Cherono who was among the first to
arrive at the scene where the body was dumped told the court in her testimony
that the body had several bruises with deep cuts on the stomach and in the
mouth.
The deceased’s widow, Brossy Makimtingwa who is also a nurse
and a Ugandan citizen, told the court that she received the news of the death
of her husband moments after frantic efforts to reach him on his mobile phone
failed.
Ongeri’s mother Isabel Ongeri, recalled her last moments with her son saying she had spoken with him by phone and he had promised to visit her the following week which never came to be.
