Man convicted for murder of his brother

A 36-year-old man was yesterday found guilty of murdering his brother.

The High Court in Kakamega said it was convinced that Cyrus Nyenzo inflicted severe injuries on Erick Munyeshi on August 31, 2014 at Malimali, Kakamega East.

Justice Jesse Njagi said that according to the prosecution’s evidence, Mr Nyenzo was found holding a blood-stained machete.

The court heard that the two fought over Sh20 Nyenzo had given Munyeshi, but he had not returned.

Munyeshi sustained wounds on his neck and head while the accused had injuries on his face, head and hands. Njagi said although the prosecution relied on circumstantial evidence since there were no witnesses, the testimonies of five people called by the court were corroborative and consistent.

The accused was found at the scene of crime. The two were taken to Kakamega County General Hospital where Munyeshi was pronounced dead on arrival.

Sharp object

Kakamega Chief Pathologist Dixon Mchana, who conducted the postmortem examination, told the court that Munyeshi died due to severe open head injury caused by deep cut wounds caused by a sharp object.

Nyezo had earlier denied the murder charge, paving way for a full trial where the prosecution lined up five witnesses to prove its case.

The court observed that evidence produced was sufficient to place the accused on defence but he opted to remain silent.

Njagi concluded that failure by the accused to defend himself was irresistible proof that he assaulted Munyeshi.

He added that there was no evidence to show that he was acting in self-defence.

“The accused was found with a blood-stained panga near where (Munyeshi’s) body was lying, a fact (that) was incompatible with the accused’s innocence and incapable of explanation upon any other reasonable hypothesis than that of guilt,” said Justice Njagi.

Through lawyer Elvira Wilunda, Nyenzo asked for one week to prepare his defence before he is sentenced. He will defend himself on March 21.