Two brothers who had appealed a jail sentence for killing their uncle now face a death sentence.
Appellate Judges Daniel Musinga, Gatembu Kairu and Agnes Murgor ruled that the High Court made a mistake in sentencing John Nyongesa Oduor to 50 years in jail and Francis Juma Oduor to 40 years when the mandatory sentence for murder is death.
“The mandatory sentence for murder is death and the trial court had no discretion to impose any other sentence after proving the offence beyond reasonable doubt,” ruled the judges.
The duo appealed against the sentences handed to them by Justice Francis Tuiyot for killing their uncle James Omoto Olula over a land dispute, on grounds that the judge used misleading evidence to convict them.
The two brothers killed their uncle on June 26, 2008 at Monda Village in Busia County.
The late Oula’s second wife Faustine Makhokha had apparently passed on and on the fateful day, they went to collect her body for burial at the disputed family land.
- 1 Detectives probe the death of ex-officer
- 2 Donald Kipkorir on Covid-19 fight: My lungs had been compromised
- 3 Over 102 medics contract Covid-19
- 4 Officers on the spot over death of suspect in police custody
When they arrived at the homestead with the wife’s body, the two brothers confronted him demanding that he should not bury his wife on the land since it belonged to them.
The deceased tried to plead with his nephews to allow him bury his wife but they would hear none of it.
“In the middle of the argument, Nyongesa produced a club and hit his uncle on the head...,” said the prosecution.