Two people found guilty of murder by Siaya High Court will not be jailed because of their advanced ages and poor health.
High court Judge Roseline Aburili, instead sentenced the duo to three-year probation.
Barack Ochieng’,63, and Simon Wanina, 65, were found guilty of murdering Silas Ochieng’ on 6th January 2016.
The two accused were village elders in Kochieng’ ‘B’ Sub-Location, Central Alego, Siaya County.
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The court was told that on a material day, the duo accompanied by a youth winger, Hosea Juma, who was not in court, arrested Ochieng at his home in the sub-Location, allegedly for stealing a bed belonging to Monica Achieng of the neighbouring Sigul “A” village.
The deceased’s brother, Philip Ochieng told the High Court that Barrack Ochieng was armed with a whip, while his co-accused, Wanina had a rungu which they used to attack the suspect.
The court further heard that the accused persons then assaulted Ochieng’ using a whip and a club, leaving him for dead.
The youth winger is said to have fled the scene, leaving behind his panga, which was identified in court by a witness.
A post mortem report presented to the court by Siaya county referral hospital-based doctor, Benjamin Ochieng revealed that the late Silas Ochieng succumbed to heart damages and head injuries caused by the beatings.
