Ali Barisa was found guilty of being part of marauding attackers who shot dead, slashed and mercilessly beat up residents of Riketa village in Tarasaa division on on August 12, 2012 as the country hurtled towards the 2013 election.
Witness Galgaro Buya told the court that at 6am that day, he woke up his wife Alima Goda to milk the cows. Shortly after, his wife ran back into the house and told him that they were under attack. Together with their children, they ran away.
Buya however managed to see and identify Barisa among the attackers shooting one victim to death. The man also unsuccessfully tried to shoot him.
Abdulla Sanke, another witness, said he woke up at 5am and went to the mosque and on arrival discovered he had forgotten water.
When he went back home he saw many people with pangas, rungus and guns. He hid with his two children in a thicket. His wife Raima was cut and died on the spot. Three of his children were also killed.
Sanke further stated that during the attack, cows were killed and homes burnt. He stated that he saw the appellant armed with a gun since it was daylight. Sanke testified that he knew the appellant prior to the incident as he used to be a fisherman in the village.
Police had said the attack was part of clashes between Ormas and Pokomos.
In that attack involving Barisa, police found all houses burnt and collected 56 dead bodies of women, children and men.
Thirteen witnesses testified against Barisa at the High court, which found him guilty on March 7, 2017 and handed him a death sentence.
But the convict appealed and his case was heard by a panel of three judges. The court said the evidence and testimonies quashed his defense and upheld the conviction.
“Weighing the said defense against the prosecution evidence, especially, the fact that nearly all witnesses testified to the fact that they knew the appellant and recognised him in favourable circumstances, it is our view, that the said defense indeed raised no doubts as to the presence of the appellant at the scene of the crime and participation in the commission of the crimes…accordingly, the appeal on conviction fails and is dismissed,” the judges said.
On the sentence, the judges agreed with him that it was harsh and inhumane. The decision was given on March 1.
