Malindi man who beheaded father appeals 30 year sentence

Kingi Kenga Kazungu at the Court of Appeal in Mombasa County. He is appealing against a 30 years jail sentence for the killing of his father and Aunt. [Kelvin Karani,Standard]

A man has appealed against a High Court ruling that sentenced him to 30 years in jail for killing his father and aunt.

On June 29, 2013, the High Court in Malindi found Kingi Kenga Kazungu alias Kaloleni guilty of killing his father, Kenga Kazungu Baya, and aunt, Kavumbi Thoya Baya, at Furunzi village. He accused them of practising witchcraft.

On Monday, he launched an appeal against the sentence, claiming that the High Court convicted him based on conflicting evidence.

His appeal has been opposed by the Director of Public Prosecutions (DPP), who wants the sentence enhanced to death, citing overwhelming evidence adduced at trial.

The state lawyer, Daniel Wamotsa, who is opposing the appeal, said the trial judge erred in law by finding the appellant guilty on a manslaughter charge.

Wamotsa argued that there was proof that the appellant had planned the killing. He said Kazungu had previously tried to kill his father, convinced that he was a wizard.

Before the incident Kazungu was said to have had a strained relationship with his father.

Kazungu, in his defence, admitted that he killed his father, but that he did so in self-defence. He claimed his father attacked him at his aunt’s homestead.

Ms Kavumbi’s daughter, Agnes Ngoma, had testified that Kazungu went to the homestead and found his father and aunt on the verandah.

"We welcomed him and served him ugali. After he finished eating, he asked his father if it was true that he was a wizard,” recalled Ngoma.

She testified that her mother intervened and told Kazungu to fetch a village elder to help resolve the matter.

However, Kazungu, withdrew a machete he had hidden in his trousers and struck his aunt on the head, killing her instantly.

He then turned on his father, who had tried to shield Kavumbi with a chair and slashed him on the neck.

The ruling on the appeal will be made on February 15 next year.