- The judge said the accused were duly placed at the scene of the crime and must therefore be held responsible for the crime.
- In defence, the accused denied the charges levelled against them.
Image: FILE
Three village Nyumba Kumi men accused of killing their two neighbours by cutting their heads with pangas alleging that they had stolen a goat have been found guilty of murder.
Isaac Nyongesa alias Ndombi, Edward Wanjala and Isaac Anthony were found guilty of killing Wilfred Walukhu alias Zakayo and James Wekesa Barasa in Bungoma in 2021.
High Court judge David Kemei on May 17, found that the accused persons had the requisite malice aforethought since from the injuries inflicted, it was discerned that the assailants intended to achieve the desired result namely death of the deceased persons.
The judge said the accused were duly placed at the scene of the crime and must therefore be held responsible for the crime.
The actions of the accused persons in assaulting the deceased persons were not warranted since the alleged theft could have been reported by the accused persons to the relevant authorities for action.
The killing of the deceased persons was therefore not justified in the circumstances, he said.
The court noted that the defence evidence has not shaken that of the prosecution which is quite overwhelming against the three accused persons herein.
"In the result, it is my finding that the prosecution has proved the charge of murder against the accused persons beyond reasonable doubt. I find each of the accused persons guilty of the offence of murder contrary to section 203 as read with section 204 of the Penal Code and are accordingly convicted therefor," the judge ruled.
The Prosecution called eight witnesses in support of its case.
Dr Edward Bilengwa who testified in respect of an autopsy that was carried out on the body of the first victim Wilfred Wekesa, revealed that the deceased had cut wounds on the legs and hands.
He noted that the head had deformation of some sort and that the injuries on the hands appeared to have been sustained while acting in self-defence.
He added that the body was dissected which revealed that his ribs (5th rib) had been fractured while the head had a depressed skull fracture, linear skull fracture and a left-sided subdural hematoma.
He formed the opinion that the cause of death was severe head injury due to subdural hematoma caused by blunt object force trauma and that the injuries were caused by an external force.
He testified also in respect of an autopsy that was carried out on the second victim James Barasa, which revealed that the neck bone had been broken as well as the back of his skull.
He also pointed out that the deceased had internal bleeding and that the left psychometric bone was depressed.
He formed the opinion that the cause of death was severe external and internal haemorrhage due to cut wounds on the gluteal as well as skull fracture.
Caroline Naliaka, the mother to the second victim, Barasa, testified that on March 30, 2021, at around 3.00 pm, she heard screams and later saw a large crowd advancing towards the house of her son and broke down his door and on failing to find him they left.
She testified that her son suddenly arrived home but before setting foot on the compound, one by the name of Anthony Wekesa, (3rd accused), got hold of him and dragged him away as the large crowd kept on making noise.
On rushing towards the crowd, she found her son on the ground having been viciously slashed. The crowd walked away with their pangas as the deceased cried up to her for help.
She stated that the 1st accused had a panga together with others and whose clothes were bloodstained. She stated that the deceased had a cut on his neck. That she saw the 1st accused slashing her son on the buttocks.
She added that the 2nd accused stood next to the 1st accused at the scene of the crime while the 3rd accused was the one who seized her son and dragged him to the scene.
She also confirmed that the first victim had already been killed before they came for her son. She denied that the crowd other than the accused persons were responsible for her son’s death.
Elizabeth Asai Odera testified that on the fateful day around 1.00 pm, a large group of people came to her compound demanding the whereabouts of her husband Zakayo, the first victim in the case.
They included Wekesa Ndombi, Wanjala, Anthony Nyongesa and one John Mabuko. It was the 2nd accused who was making enquiries about the whereabouts of her husband. She stated that she informed them that her husband had stepped out shortly having suspected they bore no good intentions.
She added that the crowd was armed with pangas and clubs and that the 2nd and 3rd accused were armed with clubs while the 1st accused had a panga. They spotted her husband and ordered him to accompany them in search of a stolen goat.
She stated that they were assaulting her husband as they walked away. Odera said she saw the 2nd accused hitting him and approached her demanding her husband’s phone which she gave him and further demanded his M-pesa pin to which she declined.
She added that her husband was explaining to them that he had not stolen any goat but the crowd kept ordering him to move.
"The 1st accused herein cut the deceased on the head with a panga and the 2nd accused was holding the deceased and preventing him from escaping. The 3rd accused was hitting the deceased on all parts of his body. She stated that all the accused persons are well known to her," the judgement reads.
Inspector Patrick Wafula testified that he visited the scene of the crime where he found the body of one Wilfred Walukhu and that of another victim James Barasa who was still alive. But passed away while undergoing treatment. After investigations and gathering evidence the three accused persons were arrested and charged.
On cross-examination, he stated that he did not know if the accused persons were members of Nyumba Kumi.
In defence, Isaac Wekesa Nyongesa, Edward Wanjala and Isaac Anthony denied the charges levelled against them.
They said they were members of the Nyumba Kumi community and that they were only at the scene of the crime to protect the victims and recover the stolen goat.
However, they said the stolen goat was never recovered.
They said the charges were framed up.