Three brothers have been found guilty of killing a 74 years old man over alleged theft of a television.
Justice Janet Mulwa ruled that the prosecution had beyond any doubts proven that Emmanuel Nyongesa, Joseph Wanyonyi, and Joseph Simiyu killed Mr. Francis Njuguna.
Njuguna was murdered on 15 October 2016 at Nyakina village in Nakuru, Njoro Sub County.
Samuel Gakuna (deceased’s son) attested that his father was killed while trying to save him from beating by the accused persons.
“We were on our way home when we bumped into the accused persons. The brothers who are our neighbors started beating me for allegedly stealing their TV set,” Gakuna said.
He affirmed that his father, the late Mr. Njuguna intervened, but one of the accused (Simiyu) hit his head with a stick, and he fell. The other two then continued beating the diseased.
Gakuna stated that the trio took him into police custody and had him locked up. He later learned that his father had died at the crime scene.
While delivering her ruling via video link, Ms. Mulwa said that the statements by the seven witnesses placed the three brothers at the crime scene and also connected them to the killing of the deceased without any doubts.
She further said that the investigation officer Mr. John Opundi had affirmed that the trio presented themselves to the police station and confessed to having attacked Njuguna and his son Gakuna for a supposed theft of TV set.
“I am satisfied beyond reasonable doubts that the accused persons, and no other persons, committed the dreadful offense and they must face the consequences of their unjustified and criminal actions,” she said.
Ms. Mulwa condemned the accused persons for taking the life of an unarmed old-man who only interceded on behalf of his son.
The three brothers defended themselves, saying that they did not attack the deceased or his son and that they did not know the two.
Justice Mulwa refuted the defense, dubbing their statements fabrications.