Simon Ikunza Lusuli was sentenced by a Kakamega high court to serve 20 years in prison for killing Wycliffe Muyale Matekwa on January 21, 2018, at Shaviranga village.
Ikunza, who was a member of Nyumba Kumi, attacked the deceased for stealing two chickens.
Justice Chirchir Chebet while sentencing the accused noted that the accused was a first offender and was remorseful.
He is also his family’s sole provider having lost his wife a while back, with the youngest child now aged 15 years, and remorseful, are mitigating factors which are under paragraphs 23.8.7 and 23.8.8 respectively of the Kenya Judiciary sentencing policy guidelines. However, the trial judge said that the deceased right to life was taken away violently by a group of which the accused herein was part.
“Commission of an offence in a group is an aggravating factor (Reference paragraph 23.7.6 of the sentencing policy guidelines).
“Taking into consideration all the aforegoing, I, hereby sentence the accused to 20 –years in prison. The sentence will take effect from the date of conviction,” said judge Chirchir.
Prosecution submitted that the aggravating factors in the case outweighs the mitigating ones and that the sentence meted out should speak to the sanctity of life.
“I urge the court to pass sentences as provided for in the law. According to the social inquiry, the report paints a picture of an otherwise responsible citizen, prior to the murder incident,” said Loise Osoro, the prosecutor.
“The offence occurred during his tenure as a member of Nyumba Kumi committee,” she added.
In mitigation, Ikunza told the court he was remorseful and a first offender.
“I seek for leniency, I am a first offender and was a Nyumba kumi at the time the offence happened,” he said.