10 years in jail for man who killed neighbour

A man has been sentenced to ten years' imprisonment for fatally hitting his neighbour with a piece of wood.

The Nakuru High Court found Edwin Osiri, 35, guilty for the murder of Josphat Livoi on March 7, 2015, in Kaptembwo.

The accused had admitted in court to having gone to a woman's house with intention to sexually assault her.

The woman's distress calls attracted Livoi but Osiri attacked him leading to death.

Justice Heston Nyaga while sentencing the accused considered sentiments of the deceased's father who urged the court not to be lenient on Osiri for killing his son who until his untimely death, was the family's sole bread winner.

"The discretion in sentencing rests with the trial judge because he or she has the knowledge of the relevant facts, and in many instances has observed the accused and witnesses' demeanour," he stated.

A witness had testified in court earlier that at around 7pm, she went to the latrine only to find Osiri dressed in a black undergarment without a shirt.

"The man pushed me on the bed, I screamed and neighbours came, the accused ran away with my phone and Sh2,000 after slapping me, and the deceased pursued him," E O said in her statement.

E O said the accused picked a piece of wood and hit Livoi on the head. The victim fell down unconscious and succumbed to injuries a day later.

Dr Titus Ngulungu, a pathologist, testified that the deceased lungs collapsed due to pressure in the head as a result of multiple head trauma.

The accused was initially charged with murder but the court established that malice afterthought was not proved, and convicted him of manslaughter.

"I treat the sentiments of the deceased father and his sense of justice as aggravating factors, the accused is a first offender, and expressed remorse although he has not approached the victim's family because he has been in custody for nine years," the court ruled.

The accused was sentenced to 10 years' imprisonment which will be computed to commence when he was taken into remand.