Two to hang for assault on Kakamega landlady

On September 17, 2008, Janet Nanyeni — from Mungai Village in Kakamega county — was walking home from work.

With Sh32,000 in her purse, Janet called Charles Luseno, a boda boda rider, and asked him to meet her half way so he would give her a ride the rest of the way.

Torch in hand, Janet quickly made her way home hoping to reach Luseno without incident. She, however, noticed someone following her and she pointed her torch at the person and recognised him as Elphas Luvisia.

An angry Luvisia asked her why she was pointing the torch at him and she quickly put it off and started to run in a panic. She then noticed another man ahead of her and when she put on her torch again she recognised him as Albert Barasa.

Janet started to scream but in no time Luvisia caught up with her, snatched her bag, grabbed her hand and pulled her towards a thicket on the side of the road. At this point Barasa also joined in and Luvisia threw the handbag to Barasa.

The two men then assaulted Nanyeni, before they ran off leaving her for dead.

A few seconds later, Luseno arrived to pick Janet up and he found her unconscious by the side of the road. He also saw two men fleeing the scene and instantly recognised Barasa whom he had known since 2007.

Luseno then called Janet’s husband and they first took her to hospital then to Malava Police Station where Janet made a formal complaint.

Barasa and Luvisia had already gone missing from their respective homes and remained in hiding for six months. They, however, resurfaced and were arrested then arraigned in court charged with robbery with violence.

In their defense, the two said there wasn’t enough proof that the torch Nanyeni had was bright enough to allow her to positively identify them. The court dismissed their claims, found them guilty and sentenced to death.

They moved to Kisumu Court of Appeal where judges Daniel Musinga, Agnes Murgor and Stephen Kairu upheld the lower court’s ruling.

The judges said both Barasa and Luvisia were well known to Janet. This was because Luvisia was married to a distant relative of Janet’s, while Barasa was her tenant.