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Two men to face death sentence for 2007/08 Post Election Violence

By Kamau Muthoni | Updated Tue, December 27th 2016 at 00:00 GMT +3
Mosobin Ngeiywa and Japeth Wekesa will pay for the blood they spilled on January 16, 2008 at a farm in Trans Nzoia.PHOTO: COURTESY

Two men who killed four neighbours during the 2007/08 Post Election Violence are facing a death sentence after the Court of Appeal dismissed their case.

Mosobin Ngeiywa and Japeth Wekesa will pay for the blood they spilled on January 16, 2008 at a farm in Trans Nzoia.

The two were charged for murdering Gladys Nanjala, Alex Simuyu, Vincent Waswa and Smith Wekhoyela, people they knew too well as friends and neighbours.

According to court records, the two were in a blood-baying gang that moved from house to house killing and torching houses.

 SPILLED BLOOD

They have lost their appeal twice; before the High Court and now before the second highest court in the land with the judges finding that the spilled blood was on their hands.

"Having considered the entire evidence that was adduced by the prosecution against the appellants, we are satisfied that their conviction was safe and well founded. Notwithstanding the fact that we have found that the second appellant was wrongly convicted in respect of count 1, there was overwhelming evidence to convict the two appellants on all the other counts," Justices David Maraga, Gatembu Kairu and Daniel Musinga ruled.

The State called 14 witnesses to support its murder claim against the two.

Wekhoyela's son Joseph Simiyu was the first person to testify.

Mr Simiyu told the court that on the fateful day at 6.30am, he heard his father scream but couldn't assist over fear for his life.

He instead bolted to a forest 20 metres away only to watch in dismay as his father's house went down in flames and his neighbour Ngeiywa struggling his father.

His mother and niece were also mercilessly killed.

 HIS MOTHER

Simiyu's father had been cut on the neck and legs, while his mother and niece had been shot with arrows and cut with a panga.

Simiyu's claims were also collaborated by his neighbour Patrick Juma who told the court that he saw the first accused leaving.

Linet Wasike was the prosecution's second witness.

Her testimony was that she saw Wekesa gun down Wanjala and her son.

The two men placed a two-faced defence.

Ngeiywa said that he was arrested five months later, on June 5, 2008 for allegedly cutting down a tree and that his neighbours were coerced to testify against him.

He produced a letter allegedly drawn by four State witnesses who allegedly admitted to making a mistake and seeking to withdraw their complaint against him.

Wekesa on the other hand placed a victim's card to vouch for his innocence.

 


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