Two men jailed 20 years for killing neighbour after being paid Sh2,500

Judge gavel and handcuffs on wooden desk. [Courtesy/GettyImages]

Two men who were allegedly contracted to kill their neighbour 12 years ago in Mogotio, in Baringo County, have been sentenced to 20 years.

The Eldama Ravine High Court Judge Rachel Ngetich sentenced Christopher Kipimbar and Joseph Cheruiyot for killing Kipruto Arap Ngetuny, who is allegedly said to have been paid Sh2,500 by Ngetuny's son.

The court heard that Ngetuny had disappeared on September 21, 2012, at Oldebe, but his body was discovered four days later by herders dangling in a tree.

Justice Ngetich observed that Ngetuny was killed viciously for monetary gain.

“I take note of the fact that the accused persons planned and executed the death of the deceased. From the evidence adduced, the accused persons were motivated by monetary gain,” she added.

John Kaptoi testified that on October 8, 2012, while at his home at around 3 pm, Kipimbar went to his workplace claiming he and another person had killed Ngetuny.

Kaptoi claimed that Kipimbar wanted traditional medicine for protection, which he refused, but instead reported him to the village elder and chief.

He alleged that Kipimbar had claimed to have been paid Sh18,000 by his co-accused to kill Ngetuny.

Police officer Charles Kipyegon testified that they received information on November 1, 2012, that irate members of the public had arrested Kipimbar.

Upon interrogating Kipimbar, he claimed to have killed Ngetuny with another man after they were contracted by Cheruiyot.

Kipimbar took the police to where Cheruiyot was, who confessed to being hired by Ngetuny’s son, Erick Rutto (now deceased), to kill him after paying Sh2,500.

In their defence, the duo denied confessing to killing Ngetuny, claiming to have forgiven their neighbours for slandering.

The court established that the injuries inflicted on Ngetuny were severe after the postmortem report revealed that he died as a result of a head injury due to a skull fracture.

In mitigation, Kipimbar claimed he was remorseful and that the offence ought not to have happened, citing that poverty and health-related issues had contributed to his action.

Cheruiyot prayed for a non-custodial sentence, claiming that the death was an accident and not a vicious attack, yet life was lost.

Pre-sentencing report revealed that the family is still hurting, and that the community is hostile towards the accused persons.

The judge noted that the accused persons were hired to eliminate Ngetuny, which was wrong to eliminate a human being.

“In my view, despite the mitigating factors given, the accused person should atone for the inhuman act committed against an innocent victim. Their act is aggravated by attempts to conceal their heinous act. I am of the view that they deserve a deterrent custodial sentence,” Ngetich added.

The two were sentenced to 20 years in jail.