How panga, stolen beans handed rapists death sentence

On the night of July 25, 2013, a woman codenamed AM was attacked by a gang that raped her and stole 12 plates, four sufurias, a weighing scale and six kilos of beans.

The attackers might have escaped justice, but the panga which they used and the stolen beans led investigators to them.

As a result, Lawrence Chamwanda and Silas Asava will remain behind bars after the Court of Appeal upheld their death sentence.

The two turned out to be the victim’s neighbours. Asava claimed that on the night of the attack, he had gone to her house to buy chang’aa but left after allegedly learning that police officers were in the area.

Court of Appeal judges Asike Makhandia, Hellen Omondi and Lydiah Achode unanimously agreed with High Court Judge Chacha Mwita that the death sentence imposed to them was lawful. “There is, therefore, no reason to interfere with the sentence, which, as passed by the trial court, was legal. The upshot is that this appeal lacks merit and is dismissed,” the bench headed by Justice Makhandia ruled.

Asava and Chamwanda had hinged their appeal on a Supreme Court ruling that declared the mandatory death sentence in murder cases is unconstitutional. However, Justices Makhandia, Omondi and Achode noted that the apex court also clarified that the death sentence remains lawful for other capital offences.

The victim told the court that at about 2am, three men broke into her house, stripped her naked and raped her in turns.

She said the attackers had bright torches, which enabled her to identify Asava and Chamwanda, adding that Chamwanda cut her during the attack while Asava was the first to rape her. The court heard that after the attack, the trio stole kitchen items and beans. The victim testified that she raised an alarm, drawing neighbours who helped identify the attackers.

One of the first responders, codenamed GA, told the court that he was awakened by the victim’s screams. He pursued the suspects and caught up with them while they were carrying beans and a panga, items that were found in Chamwanda’s possession.

A second witness corroborated the account, adding that the panga had blood stains. She further testified that after the arrest, the group went to Asava’s house, where two more pangas, four sufurias, plates and other utensils were recovered, having been hidden within the compound.The court also heard that the gang had stolen from another home. A 16-year-old girl testified that clothes and a travel bag were taken from her house and she identified Asava as the person carrying a torch.

Both men denied the charges. Chamwanda told the court that he had attended a funeral in the neighbourhood from 8pm before later going out to smoke. He claimed that an unknown person placed a bag near him and disappeared. According to him, a group of people later confronted him, but he insisted the bag did not belong to him.

Asava, on the other hand, said he had gone to the victim’s house earlier in the evening to buy local brew for his visitors but left after allegedly learning that police officers were in the area.

He told the court that a village elder later knocked on his door and, when he opened it, he was beaten by people accompanying the elder and taken to the victim’s house.