SECTIONS

Homa Bay man to hang for killing motorbike theft suspect

A man has been sentenced to death for murder.

High Court judge David Majanja found that Evans Otieno Odour was part of a mob that killed Erick Ochieng Oluoch on May 3, 2014 in Mbita, Homa Bay County.

The prosecution told the court that Mr Oduor was part of a mob that beat Oluoch at Onungo Stadium on allegations that he had stolen a motorcycle.

Mr Oluoch was severely injured and died in hospital. In the case, Oduor pleaded not guilty and the matter proceeded for trial with the prosecution calling 11 witnesses.

The investigating officer, Daniel Amolo Onduru recalled that on the morning of March 1, 2014 he received a call in forming him that someone was being beaten by a mob at the stadium.

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.