A Man accused of killing his brother and burying his body in a pit latrine at Makueni County has been found guilty by the court.

Henry Kasyoki Ndunda was charged with murder of his brother Sammy Maithya Ndunda contrary to the law.

High Court Judge Charles Kariuki while delivering a ruling on February 12, 2019 said that burying his brother in a shallow grave shows that his actions were well calculated and that he even had a plan of how he would conceal them.   

“Accordingly, the ingredients of murder were established and the case was proved to the required standard, the court finds that, the, accused is guilty of murder and thus the court proceeds to convict him accordingly,” ruled Kariuki.

The court had been informed that on diverse dates between 16/09/2008 and 10/10/2008 at Kithangaini village, Ikalyoni sub-location, Kee Location in Makueni District of the Eastern Province,Kasyoki murdered Maithya.

Kasyoki pleaded not guilty and the matter went into full trial.  The prosecution called eight (8) witnesses in support of its case.

The Judgment reads that,after the deceased was reported missing for some time, a body was eventually exhumed in the homestead where he used to live with the accused. 

There was no eye witness in this matter. It was purely based on circumstantial evidence.  

The evidence of the prosecution witnesses was corroborative and they were able to establish that the accused and deceased were brothers who lived in the same house and that there existed bad blood between them.

Further, it was clear from the evidence that the deceased had been missing for some time and it was only after the arrest of the accused that his body was found. 

“The prosecution’s case was that it was the accused who showed them where the body had been buried and from the evidence, I am satisfied that indeed it was the accused who directed them to the burial spot,” Ruled Kariuki

He added that the fact that he knew where the deceased was buried is in my view a strong indication that the death of the deceased is attributable to an unlawful act committed by the accused. 

 “The circumstances of this case are such that the only inference to be drawn is that the accused caused the death of the deceased,” said judge Kariuki.

The prosecution led evidence to show that the relationship between the accused and deceased was soiled.  At some point, the accused served a jail term for destroying the deceased’s certificates and burning his clothes. 

The assistant chief testified that he had arbitrated over disputes between the two and it was also his evidence that the accused had threatened to revenge against the deceased for causing him to be jailed.

“It is well within the rights of an accused person to remain silent however, the circumstances of this case are such that it would be reasonable for the Court to expect that the accused would be able and interested to offer an explanation,” Judge said.

The Judge added that his deduction from the evidence is that the accused was a bitter man owing to the constant wrangles between him and the deceased.  

One of the witnesses  Stephen Mwanzia Nzewa testified that on 11/08/2008, he was told  that the accused had told his mother that he had killed the deceased.

The accused is his nephew as he is the son of his elder brother who is deceased. He proceeded to his brother’s house to establish the truth of the allegation.  After about 2 hours, there was a foul smell emanating from a place next to the toilet. 

 He went there and noticed fresh soil covering something.  He was persuaded that the information was true and went ahead to inform his younger brother, George Makau.  They went back to the scene and agreed that the smell was of a dead human being.

 They decided to look for the accused who had been behaving rather strangely since the death of the deceased. He was behaving as if he was mad. 

 They arrested the accused on 12/10/2008 and tied him with a rope.  He pleaded to be taken to his grandmother.  The accused was given tea and insisted to be untied which they did but he attempted to run away.

 They managed to subdue him.  They reported the incident to the chief who then interrogated him and he owned up to killing the deceased. He even showed them where he had buried him. 

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