Rogue assistant chief to stand trial for manslaughter

Butere Law Courts has ruled that a rogue assistant chief should stand trial for manslaughter following an inquest that found him culpable of clobbering a man to death.

Butere Senior Resident Magistrate Gladys Ollimo said there was sufficient evidence to indict the Ituti sub-location assistant chief, Daniel Namayi Ambunya, of killing a hapless man on December 27, 2020.

She said the nine witnesses that testified about circumstances that led to the death of Moses Bushuru Shikuku as recommended by the Director of Public Prosecutions Renson Ingonga, had implicated the administrator.

"This court holds that there is sufficient evidence to sustain a manslaughter charge against the assistant chief. Warrant of arrest to be issued against Ambunya who should be arraigned for manslaughter contrary to section 203 as read with section 204 of the penal code," she said.

"I accordingly order that the inquest file be closed and the suspect be arraigned within 30 days for plea taking," she added.

Long Ingatia, a sister-in-law to Shikuku said she peered through the window and saw the assistant chief kicking someone who was on the ground.

"I heard a distress call like that of a man being choked to death. I then slowly opened the window and noticed the charged assistant chief constantly kicking someone who pleaded for mercy on the ground," she said.

"He seemed not bothered with the distress call," Ingatia added.

She decided to confront Ambunya who retorted: "Wewe enda ulale, niko kazi yangu (Hey you, go sleep I am in my line of duty).

Philemon Omulama, the brother of the deceased, said that he was beaten to a pulp and could hardly move when he went to check on him.

"When I returned home my children came to me terrified, telling me that their uncle (Shikuku) had been thoroughly assaulted and was in need of help. I went to check on him at his home and found him in pain and anguish. He told me that the assistant chief had indeed assaulted him and was only rescued by one Abil Ambunyo," said Omulama.

"I escorted him to Inaya nursing home for treatment and he was referred to St Mary's Mumias but my elder brother succumbed to the injuries," he said.

Dr Dickson Muchana, a pathologist at Kakamega Referral Hospital told the court that Shikuku's body had bruises on the right chest with a contusion on the right lower lobe of the lung and the abdomen.

"His intestines were gathered together into a ball shape and there was pus in his abdominal cavity," he said adding that the deceased also had swelling in the brain.

Dr Muchana said that Shikuku who was 45-years-old died from "shock arising from severe infection secondary to blunt force trauma following assault."