Africa-Press – Kenya. Three men who burned to death an elderly man in Kilifi on allegations that he was a witch will continue serving a 45-year jail term after losing their appeal case.
The trio—Ndokolani Malau, Kitsao Kahindi and Dama Nyambu Mzungu were said to have jointly murdered Charo Ndala on January 17, 2017 at Kitengwani Market in Magogoni sublocation.
In 2020, the trial court found both guilty of murder and sentenced them to 45 years each. The trial court while rendering the judgment, noted that the victim had been physically assaulted before his body was set ablaze.
The court added that the murder of the old man had been conducted in a vicious way as the trio subjected him to a prolonged punishment that culminated at his death.
They appealed the judgment by the High Court. On December 16, 2022, judges Gatembu Kairu, Pauline Nyamweya and Jessy Lesiit ruled that having scrutinised the evidence on record, they were satisfied.
The judges added that as regards the sentence, they took into account that “the deceased was physically assaulted before his body was engulfed in fire fumes and sustained 95 per cent burns and that having been burnt alive, the deceased died a very painful death.”
The court found that the level of participation by a number of people in the commission of the murder demonstrated “the planning” and malice aforethought; that in the circumstances “a death penalty could have been just and proper” but exercising his discretion sentenced each of the appellants to 45 years imprisonment.
The appeal relied on the testimony given by the deceased’s son, James Ndala. Ndala informed the court that his father was summoned and picked up from home by the accused and seven other people.
The accused informed the victim that the purpose of such a summon was for the victim to attend a formal meeting that was scheduled to be held at the chief’s office.
Along the way to the alleged meeting, Ndala recalled that they met a crowd, around 30 people in number or thereabouts, each heavily armed with clubs and stones.
It is thereafter, that the witness recalled hearing shouts to the effect that his father was a wizard and fearing for his life, the old man started to run away but was restrained by the three accused persons.
Immediately he took off to Ganza police station to seek help from police officers. However, on returning to the scene he found his father’s body already burning.
For More News And Analysis About Kenya Follow Africa-Press
