On November 8, 2009, Anthony Wenani and Samuel Kingara, both farm workers at Labura village, Nyeri County went out for drinks.
Wenani lived on the Labura farm in a timber structure while Kingara lived with his grandmother on a neighbouring farm.
Kingara was supposed to visit his in-laws at 2pm with his wife Stella Wangechi but he did not turn up.
Wangechi went on ahead of him hoping he would eventually show up at her parents home.
When he still was nowhere to be found at 5pm, she returned to Labura to look for him.
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She found him at a bar, still with Wenani, and paid her husband’s Sh100 bill before leaving him there and heading for home.
When he did not come back home and she did not find him at his usual place of work, the next day, she demanded to have access to Wenani’s house where she suspected her husband had spent the night.
Wenani however, told Wangechi that her husband had gone to a place called Babito where he had been summoned. Her husband’s employer, John Mwangi, called him repeatedly on his cell phone and when he did not get a response, the two reported his disappearance to police.
On November 15, 2009 Mwangi was informed of a foul smell, emanating from Wenani’s house.
He broke into the house and found the body of the deceased in a shallow grave under Wenani’s bed.
Mwangi then reported the discovery to Mweiga Police Station who exhumed the body. They carried out a post mortem and confirmed that it was Kingara’s body.
Wenani was arrested and charged with murder.
In his defence, Kingara said they were on a drinking spree and an argument ensued when Wenani wanted to retire but Kingara wanted to continue consuming alcohol.
Wenani said he left for his house but Kingara followed him.
In the house, the deceased hit him thereby provoking a fight which ended with Kingara hitting his head on a door frame after Wenani pushed him.
The trial court found him guilty and sentenced him to death.
Wenani, however, appealed the decision saying he had not killed his friend intentionally and should have been charged with manslaughter.
Nyeri Court of Appeal Judges Phillip Waki, Roselyn Nambuye and Festus Azangalala agreed with his assertions.
On January 25, 2017, they set aside his death sentence and substituted it with 15 years