A father and his two sons have been sentenced to death after they were found guilty of killing a herdsboy three years ago in Chidi, Kwale County.
In his judgment, Justice Asenath Ongeri said there was evidence that Mudata Mwamumbo Ndolo and his two sons Mwachodo Mudata and Mwamumbo Mudata alias Madvi killed the minor by breaking his neck before dumping his body in a water pond.
“Upon evaluation of the evidence on record, I find that the accused persons acted jointly to murder Silipano Ndooki. Ndolo, who broke the boy’s neck, was assisted by Madvi, who got hold of the deceased, while Mudata carried the body to the water pond and placed a stone on it,” Justice Asenath Ongeri said.
The judge said there was evidence that the accused persons had a vendetta against the boy’s family after threatening to take revenge when about 800 herds of cattle belonging to the victim’s father entered his farm and destroyed crops.
Ndolo refused to take Sh7,000 in compensation offered by the victim’s family for the destroyed crops and demanded Sh60,000. The court was told that Ndolo threatened to revenge if the money was not paid.
The court said that prosecutor Ngina Mutua proved that the vendetta against the victim’s family supplies the motive for the crime.
Medical report produced in court confirmed the victim died of cervical spine fracture as a result of twisting of his neck.
While sentencing the suspects, Justice Ongeri said the accused killed an innocent boy and hence did not deserve leniency.
“I find that the accused committed such a heinous act against an innocent herdsboy, they do not deserve leniency, though they have families that depend on them. A life has been lost and the deceased’s family have lost him forever,” she said.
The convicts have 14 days to appeal.]
By Daily Nation