Written by Leonard Wamalwa
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The High Court in Kitale has sentenced a son and a father to a 50 and 20 years jail term respectively after they were found guilty of murdering a man who they found at their house making love to the former’s sister.
The two, Thomas Barno and his son Cosmas Too were found guilty of contravening section 203 with section 304 of the penal code for murdering David Soy, 41, on June 30, 2010 at Kibomet village in Trans Nzoia County who they caught in the act making love to the mentally ill woman who was only identified as Priscilla.
The father is said to have helped the son to beat the deceased after he found him beating the deceased. They also chopped off his genitals and caused him severe head and back injuries.
The deceased eventually succumbed to the injuries upon arrival at Cherengany Nursing Home where he was declared dead on arrival.
“I was informed by neighbors that my brother had been killed. I rushed and found him struggling for his life then rushed him to hospital where he was pronounced dead on arrival,” the deceased’s brother William Soy told the court.
Kitale high court judge Justice Joseph Karanja condemned the father for not acting properly by assisting the son in beating up the deceased instead of stopping him.
The court heard that the deceased had been frequenting the compound on many occasions at night to enjoy juicy love affair with the mentally ill girl a move which the two accused decided to act in that manner in what was seen as teaching him a lesson after failing to heed to their numerous warnings given to stop that behavior..
Senior Principal State counsel Mr. Evans Onderi had during the proceedings objected the accused‘s lawyer to have the accused put on probation on grounds that the father is aged whereas the son is HIV+.
“I would prefer this court to put my clients on probation since their conditions do not allow them to serve such a sentence bearing in mind that the father is aged while the son is HIV positive,” the defense lawyer John Bororrio said.
The rulings got the accused by surprise and have now banked their hopes on the 14 day appeal period given by the judge.
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