Man sentenced to hang for killing neighbour

A man who murdered his neighbour after a disagreement over a Sh20,000 debt has been sentenced to hang by the High Court in Homa Bay.

Kennedy Ongere was accused of murdering Sospeter Othim at Kanyimach Village, Migori County, on March 21, 2010.

Appearing before Justice David Majanja, the accused had denied the charges and told the court he found Mr Othim being beaten and reported the incident at Angaga Police Post.

His statement in the Occurrence Book however, was different. He told the police that he differed with Othim after he asked him about the Sh20,000 debt. Mr Ongere claimed that Othim beat him with a rungu and he slashed him with a panga in self-defence.

A statement Othim wrote before he died indicated that he was attacked by Ongere and Joseph Otieno with a panga while tending to his livestock.

Sworn testimony

The judge ruled that Ongere contradicted himself in his sworn testimony. He said that he did not have a weapon yet there was a witness who saw him attack Othim.

“Apart from the contemporaneous record of the accused’s complaint at Angaga Police Post, the accused in his sworn testimony, denied that he carried a panga and that he only went to assist Othim who was calling for help after being assaulted by a third party,” Justice Majanja ruled. He noted that Ongere denied that he assaulted Othim in his testimony, something that is inconsistent with his statement to the police.

“On the other hand, I find Othim’s statement credible and consistent,” he said.

The judge said Ongere slashed Othim on the head and neck, injuries that were intended to cause death or grievous harm.

“I therefore find that the prosecution proved malice aforethought beyond reasonable doubt. In light of the evidence herein and my findings, I find the accused Ongere guilty of the murder of Othim and convict him,” he ruled.