Woman to hang for burning grandson over Sh5 jaggery theft

A woman has been sentenced to death for the murder of her grandson.

Margaret Licha and her son Polycarp Yogo were found guilty of murdering Derickson Onyango. The court only made a finding on Licha as Mr Yogo,  Onyango’s father, died in the course of the one-year trial.

The two are said to have tied Onyango to a tree, beat him up, doused him with paraffin and set him on fire as punishment for stealing jaggery worth Sh5 in Ndhiwa, Homa Bay in 2014.

Onyango died in hospital a month later.

“I am satisfied that the prosecution proved malice aforethought as defined by section 206 (b) of the Penal Code,” High Court judge David Majanja said.

The court heard that on Thursday March 27, 2014, Onyango went to collect firewood near his home at around 4pm.

It was at this time that the elderly woman discovered her jaggery was missing and suspected that Onyango had stolen it. She reported the matter to her son, Yogo.

The court heard that Yogo sent some children to go and call Onyango, who refused to heed to the call.

It was while Onyango was playing football that his father beckoned him to come over. The boy tried to flee but he could not outrun his father. 

Onyango was burnt in the full glare of his friends.

According to witnesses who were called to testify, Yogo tied his son to a tree and started beating him up. Licha came out of her house with a yellow container that contained paraffin and doused it on him.

The woman ran back to the house and returned with a matchbox, which she handed over to her son Yogo, who started the fire.

The court heard the rope got burnt and Onyango broke free. He was running towards his grandmother’s house when he collapsed just before reaching the door. His father, Yogo, took him home.

Onyango was taken to Homa Bay County Hospital the following morning where he was admitted. He died on May 4, 2014. Doctors indicated he had 58 per cent burns.

In defence, Licha said she had nothing do with the murder.

“I was also annoyed by my son’s assault on the boy before we took him to the hospital,” she said.

Justice Majanja said the evidence adduced convinced the court that Licha murdered her grandson.

“I therefore charge her accordingly and she will serve a death sentence,” he said.

Onyango’s mother, Susan Aoko, said: “I was not at home when the incident took place but I found my son in great pain at Homa Bay County hospital. He was later referred to Jaramogi Oginga Odinga hospital in Kisumu where he passed on.”

“What is clear and common ground is that the accused brought and drenched the deceased in paraffin. She committed the unlawful act that led to the deceased death. I  therefore find the accused guilty of the murder and I convict her accordingly,” judge Majanja ruled.

A postmortem report said the boy died of cardiovascular collapse caused by effects of the severe burns he sustained.