Man sentenced to 35 years in prison for the murder of his aunt in Kisumu

The ruling was delivered by Hon. Justice Joe M. Omido at the High Court in Kisumu, who found Nyapietho guilty of killing Gaudencia Otieno Aoko. The fatal attack occurred on February 21, 2023, at Kapuonja Sub-location, situated within Kisumu West Sub-County, Kisumu County.

The deceased, Gaudencia Otieno Aoko, had taken Nyapietho into her home following the deaths of his parents, stepping into a parental role to care for the orphaned young man.

However, court proceedings revealed a tragic turn of events arising from a domestic dispute on the fateful night of the incident. 

During supper, Nyapietho began scolding his aunt and her two children, falsely accusing them of planning to poison him. 

Following the confrontation, he left the house and locked his aunt and two cousins inside from the outside.

In response, one of his cousins—a secondary school student—locked the door from the inside for safety. Shortly after, Nyapietho returned, broke through the locked door, and attacked his aunt with a hoe (jembe). He struck her on the head and shoulder using the sharp side of the farm tool.

The case was prosecuted by Prosecution Counsel Ms. Mercy Mutheu Muema, who charged Nyapietho with murder contrary to Section 203 as read with Section 204 of the Penal Code (Cap 63, Laws of Kenya).

To substantiate the charges beyond a reasonable doubt, the prosecution presented six witnesses in court. 

Among them was a pathologist who performed the post-mortem examination on the deceased. The medical expert testified that the official cause of death was severe head injury resulting from multiple lacerative wounds inflicted on her head.

Delivering the judgment, Justice Omido affirmed that the prosecution successfully proved all the essential elements of murder against Nyapietho beyond a reasonable doubt. The court found that the convict was the individual who unlawfully assaulted the victim and inflicted the lethal injuries that led to her death.

Upon delivering the conviction and imposing the 35-year prison term, the court formally advised Nyapietho of his statutory right to appeal against both the conviction and the sentence within a period of 14 days.