The High Court in Nakuru sentenced five men to death on Thursday after they were found guilty of murdering an elderly woman.
Anthony Macharia, Simon Njuguna, John Karia, John Nganga and Peter Matheri were found guilty of assaulting and causing the death of Ann Wanjiku on June 5, 2010 at Kisumu Ndogo village, Kipipiri District in central province.
The deceased’s sister Damaris Muthoni told the court that they were in the house when the accused came and called her out, started beating her as they dragged her away. She intervened but was also beaten.
Grace Nyambura, a niece to the deceased said that she received a phone call that the deceased was beaten by unknown assailants. She later came to take her to hospital where she passed on. She said that the deceased had injuries on her face and head.
The court, in its judgement, noted that evidence of some witnesses that the deceased was suspected to have kept witchcraft in a shamba are not grounds that could have led them assault her.
The accused person in their defence said that they were on their respective work places on that day but they forgot that the witnesses saw them as they came to pick the deceased up from her home.
In her judgement, Justice Maureen Odero said that the prosecution proved that the accused persons assaulted the deceased and caused her death.
Justice Odero also said that there is no shred of evidence that the deceased practiced witchcraft which was the main reason why the accused person picked her up.
In any event they could have taken her to police station instead of taking the matter in their own hand. She noted that the injuries inflicted on the deceased are evidence of forethought.
“The court found the accused guilty of the offence of murder under section 203 and convict them under section 322(1) of the criminal procedure code,” the judge said.