Three cousins charged with brutal murder of their relative following a domestic quarrel have been found guilty by the High Court in Kerugoya.
Justice Lucy Gitari ruled that Daniel Kinyua Kiige, Jackson Wachira Kiige and James Kirimi Nyaga have a case to answer in connection to the bloody murder of Archangel Mwai Nyaga on the night of May 15, 2010.
While putting the suspects on their defence, the judge found that the prosecution had adduced sufficient evidence to establish the accused persons inflicted severe injuries on Nyaga using an axe, a panga and metal bar, which led to his death.
Further, she found that at the time they attacked the Nyaga, they had formed the necessary intention to either cause death or grievous harm on him.
The dead man’s brother, Patrick Muremi Nyaga, who was an eyewitness of the killing, testified that the victim informed him that he had quarrelled with his cousin Kinyua.
The victim, who was drunk, wanted his brother to accompany him to the Kianderi shopping centre to sort out the quarrel.
Mr Muremi told the court that he advised his brother to wait until the following day.
“The deceased went to his home about 20 feet from his brother’s home. After about 20 minutes, the brother heard screams which were emanating from Mr Kinyua’s home,” narrated Justice Gitari while giving the ruling.
On reaching the home, the witness found the accused persons armed with crude weapons. Mr Kinyua had an axe, Mr Wachira was armed with a metal rod and Mr Kirimi with a panga.
The witness recognised them using moonlight and a torch, noted the judge.
“He could see Mr Kinyua and Mr Wachira hitting something on the ground. He went into the compound and the accused persons ran away. He saw his brother on the ground and he had already passed away. He called the assistant chief and then went to report to the police,” the judge further said.
At the police station, in the company of other relatives and neighbours, they found the accused persons who had gone to report that they had beaten a thief.
The suspects had blood-stained clothes and were arrested and put in police cells.
At the scene where the body lay was found the axe, metal bar and panga used in the killing. The axe and metal bar were stained with blood.
“Having analysed the evidence on record, I am satisfied that the prosecution proved beyond reasonable doubt that the deceased died through the unlawful and voluntary actions of the accused persons,” said Justice Gitari in her verdict.
The hearing of the defence will be on October 10, 2018.
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