A 31-year-old Kisumu man has been sentenced to 35 years in prison for murdering his aunt following a domestic disagreement.
According to a statement by the Director of Public Prosecutions (DPP), the man was convicted by Kisumu High Court after Justice Joe Omido found him guilty of murdering her on February 21, 2023, at Kapuonja sublocation in Kisumu West subcounty, Kisumu county.
He was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code.
The prosecution called six witnesses during the trial, including a pathologist who conducted the post-mortem examination on her.
"Upon post-mortem examination, the pathologist opined that the cause of death was severe head injury due to multiple lacerative wounds to the head," the statement said.
The court heard that on the night of the incident, the man scolded the deceased and his two cousins during supper, accusing them of intending to poison him.
He later left the deceased and the two children inside before locking the door from outside.
According to the prosecution, the man later returned and broke open the door after one of his cousins, a secondary school student, had locked it from inside.
The DPP said the man then attacked the deceased with a jembe, striking her on the shoulder and head with its sharp side.
The deceased later died from the injuries sustained in the attack.
It was noted that the deceased had taken the man in after the death of his parents and had assumed a parental role in his life.
"After making submissions to prove each element of the offence of murder against Kevin Omondi Nyapietho, the prosecution urged the Court to find him guilty of murder contrary to Section 203 as read with Section 204 of the Penal Code and convict him accordingly," the statement added.
Justice Omido found that the man was the person who unlawfully assaulted the deceased and inflicted the injuries that caused her death.
The judge consequently found that the prosecution had proved beyond reasonable doubt the ingredients of murder under Section 203 of the Penal Code.
The court sentenced the man to 35 years in prison.
The DPP said the prosecution had successfully established its case through the evidence presented by the six witnesses, including the medical evidence concerning the cause of death.
The man was informed of his right to appeal against both his conviction and sentence within 14 days.
The incident involved a domestic disagreement that ended in the death of the man’s aunt, who had taken on a parental role for him after he was orphaned.
