The high court has found Victor Ochieng guilty of murder after he and others not present at the court, beat Peter Onyango to death for allegedly stealing a cow in Karapul, Siaya County on 26th April 2014.
The police arrested Ochieng' after the owner of the stolen cow, Roslyn Oketch, and a neighbor, Dan Ayoo, identified him as one of the people who beat up the victim saying he was seen with fuel preparing to set Onyango on fire.
Ayoo said that on the fateful day three motorbikes arrived, one of them carrying both the accused and the victim, whose hands were tied behind his back.
The accused and the others started beating the victim, demanding that he produce the cow they accused him of stealing.
"The crowd grew, when the victim's stepfather, Richard Were, tried to intervene, they threatened to torch him too," said Ayoo.
High Court judge David Majanja heard that the owner of the cow had paid the mob Sh5, 000 to kill Onyango but she denied the allegations. However, she, confirmed that the accused was in the crowd.
Ochieng’ however denied any involvement in the death, claiming that on the fateful date, he was working in Siaya town when he received information of the incident, on reaching his village, he found the victim under assault by a mob.
He testified that he tried to stop the mob but failed and only assisted in taking the victim to hospital
Justice Majanja ruled that Ochieng' was properly identified, noting that he was equally to blame for the death even though it was done by a crowd.
"So long as the accused participated in beating the victim in association with others, he is considered to have shared a common intention to kill," he ruled.
Caption: High Court judge David Majanja, he has sentenced Victor Ochieng to hanging after he found him guilty participating in mob justice that led to death of their victim.