Amolo and other officers rushed to the scene and found people beating Oluoch who was lying down with his hands tied with a sisal rope.

The assailants fled when they saw the officers. He testified that he heard people say that Oluoch had stolen a motorbike belonging to one Kevin Ochieng' Polo. They took Oluoch to Mbita Police Station.

The prosecutor further told the court that the circumstances leading to the incident were largely not in dispute.

The prosecution provided evidence of Oluoch's movements on the night and morning prior to his death.

On February 28, 2014 at around 9pm at Mbita, a motorbike rider met Caroline Adhiambo at a disco within Mbita. From there they left for Caroline's house and arrived at 10pm.

The court heard that Polo parked his motorbike outside the house and went in to the house and upon return it was missing.

At that time, Oduor who was one of the prosecution witnesses said he was sitting in a Probox vehicle parked within the compound.

Oduor told Polo that Oluoch had taken the motorbike. From the description Odour gave, Caroline recognised Oluoch as her boyfriend. 

"The accused engaged in an unlawful act that led to the death of Oluoch," the judge ruled.