Man gets seven-year jail term for killing relative in Kakamega land row

The High Court in Kakamega has sentenced a 56-year-old man to seven years in prison for the killing of a relative.

Protus Luseno Mapesa was convicted of manslaughter following a physical confrontation that led to the death.

The conflict traced back to a 20-year dispute over land.

Mapesa was accused of using a metal rod to strike the deceased, who was unarmed at the time. The blow landed on a vulnerable part of the body, leading to the death.

The court heard that the offence arose from underlying tensions and misunderstandings over land within a polygamous family setting.

The pre-sentence report showed the accused was remorseful and wished for reconciliation, believing the land issues were the root cause of the unfortunate incident.

The accused expressed remorse and sought leniency, submitting that the destruction of his property by the community after the offence was punishment enough.

He added that as a 56-year-old with only a few years of active life remaining, his presence was needed for family land succession matters.

However, the victim's family expressed pain and unwillingness to reconcile.

Richard Mapesa Okutoyi, the deceased's brother, told the court that the death had devastated his family, leaving seven children unable to attend school and struggling to meet basic needs.

The deceased's uncle, Adrian Mapesa, described the accused as "a bothersome person", adding that the family was not ready to reconcile with him.

The community and the probation department had initially leaned towards a non-custodial sentence.

However, Alice Bett ruled that the gravity of the offence and the suffering of the victim’s family required a custodial sentence to serve as a deterrent.

"Despite the recommendation by the probation office, the circumstances of the offence do not merit a non-custodial sentence," Justice Bett said.

The judge identified aggravating factors including the ongoing land dispute, the use of a metal rod against an unarmed victim and the vulnerable part of the body targeted.

"The accused and indeed, other members of the public need to appreciate that violence should not be used to resolve any dispute no matter how serious or how deep-seated," the judge said.

"In my view, the accused would have avoided the incident if he had reported the deceased's misdeeds, if any, to the relevant authorities.”

The court directed that the period the accused spent in custody be factored into the sentence calculation.

Mapesa was first arrested on October 27, 2021, released on bond on November 16, 2021 and committed to custody upon conviction on July 29, 2025.

The accused has 14 days to appeal the decision.