' ''
S E N T E N C E
1. The accuseds were charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya. The particulars of the offence are that on the night of 22nd and 23rd day of July 2014 at unknown time at Mazumalume Sub location in Kwale County within Coastal Region jointly with others not before unlawfully murdered KASSIM NYIRO KITSAO.
2. They were convicted after a full trial and the court called for pre-sentence inquiry report. These were prepared and filed in March 2025 by Mr. Stephen Muthoka.
3. The court noted that even though the several relatives were interviewed the direct victims were ………….. This necessitated a second victim impact statement and this was prepared by Sammy Munyasya. It confirmed that the victims wife had relocated and her three daughters married off.
4. The death of the deceased therefore appeared to have paid off, as the step brothers were able to sell the land in dispute.
5. Murder can never be away to settle land issues. For that reason, a deterrent sentence is called for.
6. Each of the 3 accused persons is sentenced to serve 20 years imprisonment. The same to run from 06/08/2014.
Dated, signed and delivered in Open Court/online through MS TEAMS,
This 23RD day of October 2025
HON. LADY JUSTICE W. K. MICHENI
JUDGE
In the presence of: -
MR NGIRI FOR THE STATE
MS BEBORA COURT ASSISTANT
THE ACCUSED PERSONS
HON. LADY JUSTICE W. K. MICHENI
JUDGE
'' '
S E N T E N C E
1. The accuseds were charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya. The particulars of the offence are that on the night of 22nd and 23rd day of July 2014 at unknown time at Mazumalume Sub location in Kwale County within Coastal Region jointly with others not before unlawfully murdered KASSIM NYIRO KITSAO.
2. They were convicted after a full trial and the court called for pre-sentence inquiry report. These were prepared and filed in March 2025 by Mr. Stephen Muthoka.
3. The court noted that even though the several relatives were interviewed the direct victims were ………….. This necessitated a second victim impact statement and this was prepared by Sammy Munyasya. It confirmed that the victims wife had relocated and her three daughters married off.
4. The death of the deceased therefore appeared to have paid off, as the step brothers were able to sell the land in dispute.
5. Murder can never be away to settle land issues. For that reason, a deterrent sentence is called for.
6. Each of the 3 accused persons is sentenced to serve 20 years imprisonment. The same to run from 06/08/2014.
Dated, signed and delivered in Open Court/online through MS TEAMS,
This 23RD day of October 2025
HON. LADY JUSTICE W. K. MICHENI
JUDGE
In the presence of: -
MR NGIRI FOR THE STATE
MS BEBORA COURT ASSISTANT
THE ACCUSED PERSONS
HON. LADY JUSTICE W. K. MICHENI
JUDGE
'' '