A court has upheld the death sentence of two people including a woman who was linked to the murder of her husband after a domestic dispute in 2013.
Joseph Manyaki and Roselin Mwita had moved to the appellate court with hopes of overturning an earlier conviction and sentencing by the High Court which condemned them for the crime.
They had been accused of clobbering Joseph Mwita with a metal rod and strangling him before tying him with a rope on a mango tree.
In their verdict however, Court of Appeal judges Patrick Kiage and Asike Makhandia said that the convicts deserved a worse sentence than the death sentence for the crime.
“We affirm and uphold the death sentence by the appellants as well. It is the ultimate temporal sentence that can be imposed on them deserving though they are of something worse,” said the judges.
In their appeal, the duo had listed two grounds to overturn their conviction and sentencing and had claimed the judge at the High Court failed to evaluate their evidence.
They had also claimed that their identification was not properly done which had an impact on the case at the trial court.
During the proceedings however, a daughter to the deceased who testified in the case narrated how her mother, in the company of Manyaki, assaulted her father on the fateful night.
According to the daughter, her parents had a quarrel prior to the attack before Manyaki came to their house. She stated that Manyaki had been their family friend.
Moments later, she was awoken by loud screams from her father whom she claimed was begging the convicts to spare his life.
“The two accused tied my father with a rope. My mother got a rope and they both tied my father around the neck. They dragged him on the ground,” she said.
Postmortem reports presented before the court indicated that the deceased died as a result of multiple body injuries, including a deep bruise on the neck.
In their defence however, the duo denied that they had conspired to kill the deceased, with Mwita claiming that her daughter was lying.
Mwita also claimed that her daughter liked her father more and that was the reason she testified against her and implicated her in the murder.
In their ruling however, the appellate judges ruled that the daughter who was the key witness in the case positively identified the convicts as the ones who killed Mwita.
They described the murder as “gruesome, callous and heart wrenching”, adding that it has caused the daughter psychological trauma and damage.
“It was a total repudiation of marital and familial care. It was committed by a mother in the presence of her daughter …After killing the deceased, the appellants hang his body on a tree to give the impression of suicide. Dragging a body and hanging it on a tree was grossly inhuman and degrading,” read the judgement in part.