Maina told the court he saw Saitoti attack the deceased after he fell on the ground. Justice Wendoh noted that Maina knew the accused very well since they had lived as neighbours for a long time.
Ruth Kerobo said though she had not witnessed the murder she had escaped the area with the children following the escalating violence.
The Judge noted that the deceased was buried without any post-mortem being done due to the prevailing situation then. She added that the body was exhumed later in May, 29, 2010 and following the post-mortem an arrow was recovered from the head of the deceased.
In his defence the accused submitted to the court that he had left the area with his family following the clashes and was in Tinet area on December 31 2007.
In her ruling, the Judge dismissed the accused assertions noting that it was an afterthought and had failed to raise the issues during the hearing.
She noted that the attack happened in broad daylight and the prosecution witnesses who witnessed the murder had no difficulty identifying the accused.
She also raised questions why the prosecution had not arrested two suspects Daniel Kibor and Ngetich who were identified as accomplices by the prosecution witnesses during the hearing of the case.
The accused first appeared in court in November 2010 charged with destruction of property and murder. He was alleged to have committed the offence with two others not in court.
On the fateful night the deceased seven houses were razed down as well as five others belonging to his elder son Thiongo Kamau. Seven cows and two sheep were also stolen with the total estimated to be worth more than Sh 1million.
The Judge said that the attack was premeditated, planned and executed by the raiders after the disputed elections in 2007.
“I find the accused was an accomplice and the evidence has proved beyond reasonable doubt. I find the accused guilty of the offence,” Wendoh concluded.
