1. The accused persons herein, David Onyango Aluoch alias Onyash, Stephen Oduor Waga and Richard Onyango have been charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars are that on the 24th day of December 2024 at around 2245 hours at Uloma Kodero Sub Location in South Alego Location, in Siaya Sub County within Siaya County, they murdered Charles Ngonga Oneya.
2. The prosecution called a total of ten (10) witnesses in support of its case.
3. Charles Owogo Ochome (PW1) testified that he came from Uloma and resided in Uloma, where he worked as a manager of a certain school. He stated that he knew all the accused persons by sight though he did not know them intimately. He testified that the deceased Charles Ngonga was his employee who worked as his driver. He recalled that on 24th December 2024, he left Kisumu for his home and called his caretaker at home to go to Bondo Kplc as he needed some electric fault sorted. He was later alerted to an electrical fault at around 3:00 PM. He traveled back home arriving at around 7:00 PM and retired to bed early as the KPLC officers had not yet arrived. Later, he was alerted by the caretaker that Kenya Power (KPLC) officials were ready to come but lacked transport. That he released his driver (the deceased) along with the caretaker Alex in his vehicle, a Toyota Hilux KDM 362V, to pick them up. They returned to fix the electrical fault. Later, the caretaker came to his room and claimed that they had been attacked while fixing the fault. That he called for police assistance from Bondo. The Police officers arrived but there was commotion brought about by irate villagers. He testified that the villagers advised him that he alerts the police from Kogelo who visited the scene. He testified that at that particular time he did not see his driver as he had assumed that he had rushed to his home. The following morning, he proceeded to the deceased’s home but did not find him. He went to Tingwangi Police Post. His driver's body was subsequently recovered from River Yala on 28th December 2024.
Under cross examination by Counsel for the 1st and 2nd Accused, he testified that he was not present at his home during the initial incident. He confirmed that he did not leave his house until the morning when he went to Tingwangi Police Post. He admitted that he did not witness the incident. He confirmed that he recorded his statement at Siaya police station. He stated that his home compound had solar light. He admitted that he was informed that there was a malfunction on one of the electricity poles at the roadside. He admitted that he did not personally investigate the malfunction.
Under cross-examination by counsel for the 3rd Accused, he testified that there was an electrical malfunction at the junction of the road leading to the trading center that had persisted for about three months. He confirmed that he was not present at the scene during the attack and only learnt of it when informed. He admitted that he does not know the accused persons.
Under re-examination, he confirmed that he saw the contents of his written statement. He re-stated that his caretaker had informed him that the driver had been attacked.
4. Alex Otieno Otieno (PW2) testified that he resided in Uloma Village and was a caretaker for Charles Ochome. He stated that the deceased, Charles Ngonga was his colleague employed as a driver by the same employer. He knew all three accused persons: the 1st Accused as Onyango/Onyash, the 2nd Accused as Oduor and the 3rd Accused as Richard. They were from Uloma and Sakwa. He recalled that on 24th December 2024 at around 9:00 AM, his employer instructed him to go to the KPLC office in Bondo regarding an electrical fault. At Bondo, he met one Cliff Otiende who agreed to check the fault and promised to return at 4:00 PM. Later that night, he and the driver (deceased) went in their employer's Double Cabin vehicle to pick up the KPLC officers/technicians. They retrieved climbers, safety belts and wire pieces. That he sat in the front passenger seat while others sat in the back. Upon arrival at Uloma near the site of the fault (about 200 metres away), the technician used climbing gear to ascend the electricity pole. That he illuminated the area with a small torch. A group of people emerged making claims and refusing to listen to him despite knowing him. Among them was one Owino who later left. The 1st accused snatched the climbers while the 3 rd Accused got hold of him. The 1st Accused told the others to leave since they had seized the climbers. The deceased driver was inside the vehicle. The 1st accused raised an alarm alerting villagers that "thieves" were in the area. A large crowd gathered. That he pleaded with them explaining that they were not thieves but the mob suddenly began striking the vehicle. That he fled the scene toward Bondo and reported the incident to his employer. A search party was organized but out of fear he stayed behind and stood at the gate of Rajula and it was then that he heard inquiries about the whereabouts of Otieno. He testified that he did not witness the killing of the deceased. He testified that he has seen his statement but the contents therein are incorrect. He testified that the group that had gone ahead came back and they decided to go back to their employer’s home. That two of their group namely Diblo and Denis remained behind. Later at midnight, his employer made calls and later police officers form Bondo arrived and advised that reports be filed at Tingwangi Police Post. At the police station, the 1st accused, Owino, and the accused who has since died surrendered only the KPLC climbers and wires. Upon visiting the scene, police found bloodstains, an unused condom and a pair of socks. Further along near the bridge, bloodstains indicated that someone might have been tossed into River Yala. Following search efforts, the deceased’s body was recovered from River Yala on 28th December 2024. The body had cut wounds on the mouth, head dents and a missing testicle. The body was later taken to Siaya Hospital Mortuary.
On cross examination by counsel for the 1st and 2nd Accused, he confirmed that he was using a torch to assist the electrician on the pole. He estimated the distance from the vehicle to the pole as approximately 30 to 60 metres. He noted the presence of a Posho mill structure nearby. He agreed that vehicle lights did not illuminate the electricity pole. He stated that he did not directly witness the accused persons assaulting the deceased, as he fled when the crowd attacked. He confirmed visiting Yala Bridge, noting it was high above the riverbed and agreed that jumping or falling from such a height could cause injuries. He confirmed seeing bloodstains on the bridge area.
On cross-examination by counsel for the 3rd Accused, he testified that he had a large torch while the 1st accused had a small torch. It was around 11:00 PM. The 1st accused was dressed in brown jeans while the 3rd Accused wore a black coat and that the 2nd accused wore something in red. He confirmed that he saw the accused persons approaching and who raised an alarm claiming they were thieves. He confirmed leaving the accused persons at the pole and went to the vehicle. He confirmed that members of the public later came to the scene. He stated that he met the 1st accused earlier in the day riding his motorcycle while the 2nd accused was conducting his business. He confirmed the 3rd accused was at that time in police custody in Bondo. He confirmed the 3rd accused had a stick but he did not witness any accused person physically assault the deceased.
On re-examination, he clarified that the vehicle was at the pole. The 1st accused used a phone torch while the 3rd accused had a stick and carried the climbers. He maintained that he saw the accused persons at the scene. He re-stated that bloodstains led from the scene toward the bridge and were found on a stone.
5. John Okinyi Adhiambo (PW3) testified that he was the Chief of South Alego Location. He knew the deceased Charles Ngonga as well as the three accused persons who were his subjects. On 24th December 2024 at around 11:00 PM, he received a phone call from the 1st Accused (Onyango alias Onyash) who reported that they had apprehended three suspects stealing transformer/electrical components. That he advised him to bring the suspects to the location center/station. That he then called the OCS who indicated that he had no transport but would direct officers to the scene. That he called the 1st accused back who stated that the suspects had escaped leaving behind a belt, climbers and car keys. Later, Charles Ochome called him while reporting that his workers sent to repair power lines had been attacked, their vehicle hotwired, the driver missing, and the KPLC officer fled. At 6:00 AM the next morning, Charles Ochome reported that his driver had not returned home. He went toward Yala Bridge and called the 1st accused, who arrived and explained what happened. He instructed the 1st accused to surrender the items held. The 1st accused and others were placed in police cells. He joined the search efforts and that the deceased's body was recovered on 28th December 2024.
On cross examination by counsel for the 1st and 2nd accused, he confirmed that he was not present during the incident. He stated there had been frequent cable and power equipment thefts in the village over the preceding months. He confirmed the 1st accused called him to report people tampering with power lines and had also notified the police. He stated the 1st accused was not afraid, presented himself and handed over the recovered items. He only spoke to the 1st accused on the night of 24th December 2024.
On cross examination by Counsel for the 3rd Accused, he testified that the 1st accused alerted him about the recovered items. He received the report at 2330 hours. He confirmed that cable theft was rampant in the area.
On re-examination, he re-stated that he received the recovered items from the accused. He confirmed that he was not at the scene and acted on phone calls regarding the incident.
6. No.212870 CPL Wilson Imala (Rtd) PW4 testified that on 24th December 2024, he was the officer-in-charge of the Tingwangwa police post. At around midnight, the 1st accused (Dan Onyango) called to inform him that they had found someone atop a KPLC power pole near River Yala. That he informed him that officers could not move immediately due to lack of transport. Later, the 1st Accused called back stating that the three suspects had run away while abandoning climbing gear. That he instructed him to detain the materials. He testified that the following day, the said Onyango came over to the police post in company of other persons. Subsequently, the OCS arrived and directed him to detain the two persons. Later on, the DCI indicated to him that the suspects had murdered somebody and threw him in River Yala. He testified that the. DCI officers took over the suspects and exhibits.
On cross examination by counsel for the 1st and 2nd accused, he confirmed that he was on patrol duties at Yala. The 1st Accused called him claiming a suspect was found climbing a power pole and later escaped leaving climbing gear behind. He instructed him to bring the gear to the post. He did not visit the scene personally that night.
7. Cliffins Otieno Adinda (PW5) testified that he resided in Bondo and worked as a casual electrician. On 24th December 2024 while in Siaya, he received a call requesting assistance with an electrical fault near River Yala. At around 7:30 PM, he arrived at the location. The vehicle was parked, and he began inspecting the power pole to rectify the issue. Suddenly, a group of people approached while demanding to know what they were doing. The group confronted him and seized his tools. As the group became unruly, he locked himself inside the vehicle and drove it away a short distance for safety. He tried calling the driver Charles in vain. He later managed to escape. He identified his confiscated tools, including climbing gear and copper lines. He stated that the 1st Accused led the group that snatched his gear.
On cross-examination by counsel for the 1st and 2nd Accused, he testified that he was an electrician trained at Kisii Polytechnic though he did not possess formal certification documents in court. He confirmed that he does not have documents in possession evidencing he indeed works with Kenya power. He arrived at the scene around 9:00 PM to attend to an emergency. He stated the crowd approached at around 11:00 PM. It was dark. He sat in the car and could not see everything that transpired at the pole. He drove away in Charles's employer's vehicle and could not tell if Charles was being attacked at that exact moment. He confirmed that he could identify the 1st Accused.
On re- examination, he clarified that the 1st Accused had a torch which enabled him to identify him clearly.
8. Edwin Ochieng Ngonga (PW6) testified that he resided in South East Alego and was the brother of the deceased, Charles Ngonga. On 25th/26th December 2024 while attending a funeral, he learnt that his brother had been killed near River Yala. On 26th December 2024, he joined search parties along River Yala. They pitched camp at the bridge for several days. They eventually recovered the deceased’s body from the river. He observed that the deceased's front teeth and tongue were missing. The DCI was alerted and the body was moved for autopsy.
On cross examination by counsel for 1st and 2nd accused, he confirmed that he was not present at the scene during the assault and did not witness the incident.
9. Dr. Erick Okongo (PW7) testified that he was a Medical Officer (Reg. No. A 11633) at Siaya County Referral Hospital. On 28th December 2024, he performed a post-mortem examination on the body of Charles Ngonga (approx. 34 years old). According to his finding; the body was naked and rigor mortis had resolved; the jaw was fractured/crushed and the tongue was crushed/missing; eyes were intact; skin was peeling off due to advanced decomposition; internal systems indicated that cracks were noted on the skull in the temporal-parietal region with brain tissue showing advanced decomposition. He established the cause of death as cardiovascular failure secondary to blunt head and chest trauma. Death Certificate No. 0194900 and Autopsy Report dated 28th December 2024 were produced as Exhibit 3.
On cross-examination by counsel for the 1st and 2nd Accused, he confirmed that chest injuries were evaluated under the respiratory system. He stated that the head/chest trauma was consistent with blunt force impact.
On cross -examination by Counsel for the 3rd Accused, he stated that he was a general medical officer, not a specialist forensic pathologist, and had practiced for several years. He explained that cardiovascular failure is the immediate terminal mechanism of death in all human fatalities. He confirmed collapsed lungs could lead to respiratory failure and blunt trauma is caused by non-sharp objects. He noted that there were no signs of classical drowning (e.g., hyper-inflated lungs).
10. No. 85551 PC Caleb Simbiri (PW8) testified that he was a gazetted Crime Scene Officer attached to Siaya. On 25th December 2024 at 2:47 PM, he was requested by CIP Jacob to process a motor vehicle, Toyota Hilux (KBM 362V) parked at Siaya Police Station. He photographed the vehicle. He subsequently visited Uloma Village near River Yala Bridge and took a total of 21 photographs depicting three scenes; Photos 1–3: Electricity power line scene.; Photos 4–12: Bloodstains leading toward River Yala; Photos 13–14: General view of River Yala and distances; Photos 15–20: Recovery of the deceased’s body floating in River Yala, showing torso injuries and physical state. And Photo 21: Vehicle KBM 362P. The Certificate of Electronic Evidence and the photo bundle of 21 prints were produced as Exhibit 4 and Exhibit 5 respectively.
On cross- examination by counsel for 1st and 2nd accused, he testified that he had been based in Siaya for one year. He confirmed taking the photographs using an official camera. He noted traces of blood leading towards the river located 30 meters from the alleged repair site. He admitted approximating the distance using his senses. He confirmed the crime scene was near a trading center. He admitted that he does not know how the blood found itself there. He confirmed collecting the samples of blood and handing them over to the Investigation Officer. He confirmed that there were no cut marks on the body.
On cross-examination by the counsel for the 3rd Accused, he confirmed that he visited the scene on 25th December 2024 at 2:47 PM and took photographs. He admitted that the aforesaid photos were not dated. He confirmed that he did not recover any weapons at the scene.
11. Alloys Owino Oluoch (PW9) testified that he was a Jua Kali artisan from Uloma area, Bando. On 24th December 2024 around midnight, he was at a bar in the company of Ras when the 1st accused (David Onyango alias Onyash) called him to accompany him. They went and found an electrician on an electricity pole. A crowd gathered, and someone inside a vehicle shone lights. Members of the public confronted and assaulted the driver (deceased), forcing him to run away. He named other assailants present as Otuka and Denis Omunde, Reagan, and Jesse (who were at large). He stated that the persons in the dock did not participate in the assault. He stated that the said 1st accused was trying to prevent the irate crowd from assaulting the victim. He testified that on 25/12/2014 he went to the market and met the 1st accused who disclosed to him that he had the climbing boots recovered from the scene. He testified that later on Ochieng Ogweno and he were also apprehended. He stated that he was arrested on 25/12/2024 together with the 1st accused and later Ochieng. He was later taken to Tingwangi Police Post.
On cross-examination by counsel for the 1st and 2nd accused, he testified that on 24th December 2024, he was sober. He confirmed the 1st accused called him to see what was happening. He affirmed that his statement to the police was correct. He maintained that the 1st accused tried to dissuade the mob from assaulting the driver. He confirmed that he called the police who rushed to the scene when the driver ran towards the bush. He admitted that the 2nd accused came later to the scene after the incident had already taken place. He confirmed that he was in the company of the 1st and 2nd accused at the time of arrest. He admitted to taking the climbing boots together with the 1st accused only to be arrested by the police.
On cross-examination by the counsel for 3rd Accused, he admitted that he found Otieno at the scene. He admitted that 3rd accused person was also at the scene but only at the standby. He confirmed that they were later taken to Tingwangi police post where he recorded his statement. He confirmed having met the deceased who had stopped the vehicle before the assailants arrived. He admitted that the assailants were not present in court. He confirmed that he was arrested on 25/12/2024 while in the company of 1st accused Ochieng. He stated that he was later released because he had committed no mistake.
12. No. 76603 CPL Diba Halake (PW10) testified that he is currently based at the DCI Mombasa but prior to that, he was based at DCI Siaya. He testified that he recalls on 25/12/2024 while in his office, he was instructed by the DCIO CIP Jacob to investigate a case of a missing person reported by one Charles Ochome who made the report at Tingwangi police post that one of his caretaker namely Otieno whom he had sent to fix some issues with KPLC in company of his driver Charles Ngonga and while they were at a distance of 200 metres form the homestead, they were attacked by a group of people comprising of David Onyango alias Onyash, Stephen Odour and Richard Onyango, Daniel Ochieng, Digalo Alloys Owino who attacked them and assaulted them. He visited the scene and established that the accused persons Daniel Onyango, Daniel Ochieng and Richard Onyango along with others at large assaulted the deceased. He recovered exhibits namely KPLC work equipment. These items had been confiscated from Cliff Otieno. He also recovered safety belt and an ignition key of the motor vehicle belonging to Charles Ochome and which had been in the possession of the deceased. These items, which had been confiscated from the scene, were recovered by the Assistant Chief from Daniel Ochieng and Daniel Onyango alias Onyash. He was able to establish that the accused persons were confronted by witnesses and gathered information that the assailants dumped the body of the deceased in River Yala. He established that the accused persons raised a false alarm alleging the deceased and his companions were transformer vandals/cable thieves. The mob assaulted the deceased and dumped his body into River Yala. The exhibits (KPLC climbers, safety belt and ignition keys) were produced in court.
On cross-examination by counsel for the 1st and 2nd Accused counsel, he confirmed that he was not an eyewitness to the assault. The exhibits were already handed over to police before he visited the main scene. He confirmed the accused persons had contacted the Chief regarding the recovered items. He confirmed that the accused persons were at the scene as informed by the witnesses, namely Alex Otieno, Cliff Otieno and a KPLC technician.
On cross-examination by counsel for the 3rd Accused, he confirmed visiting the scene on 25th December 2024 at around 11:00 hrs. He was not an eyewitness.
On re-examination, he maintained that the accused persons were directly linked to the murder through the exhibits recovered from them and their established presence at the scene.
13. At the close of the Prosecutor's case, this court established that a prima facie case had been made out against the accused persons herein to require them to be placed on their defence. The 1st and 2nd Accused elected to give sworn testimonies and called no witnesses, while the 3rd Accused elected to give sworn testimony and called one witness in support of his defence.
14. David Onyango Alias Onyash (DW1) testified that he is the 1st Accused in the matter and worked as a boda boda rider residing in Uloma near Bondo. He recalled that on 24th December 2024 at around 11:00 PM, he was at Bondo town purchasing gas. At around 11:30 PM, he picked up a passenger who requested transport to Tsunami Restaurant. Upon reaching near River Yala, he observed people on the road, including Daniel Ochieng, who was with Joy and Daniel Owino, and others, who claimed that they had apprehended thieves vandalizing KPLC poles. He stated that following a recent local Barasa agreement instructing residents to watch out for thieves, he decided to inform the area Chief. He called the Chief who inquired about the situation and was informed that suspects had been caught. The Chief indicated that he was far from the scene and also the officer in charge at Tingwangi police post had also indicted to him that he will not make it to the scene. He then proceeded to drop his customer at Tsunami Restaurant and returned to find Ochieng and Owino, who informed him that the suspects had escaped. The Chief called him back, and he informed the Chief that the suspects had escaped. A conference call was set up with the OCS based at Nyangoma police station in his presence. He informed the Chief that the fleeing suspects had left behind equipment and who directed that the items be left at the scene until the following day. Per the Chief's instructions, Ochieng gathered the items, which included climbers and wires. He then went home to sleep. The following morning, the Chief called him and instructed him to deliver the collected items to the police post. Accompanied by Ochieng and Owino, he took the exhibits to the Tingwangi police post. Upon arrival, he found several vehicles and was surprised when allegations of assaulting the deceased were leveled against him and others of killing the deceased and dropping him in the river. He was placed in police custody where he had remained since. He maintained that he was not at the scene during the assault and denied beating the deceased.
On cross- examination, he testified that he was aware he was presenting his defense and confirmed that he had no documentary evidence. He stated he was riding a motorcycle whose registration number he could not recall. He operated from United Stage under the leadership of one Erick Otis, noting that most riders lacked driving license. He could not recall the name of the passenger who paid him Kshs 200 to go to Tsunami Hotel, which he described as a guest lodge owned by Daktari. He confirmed the area is called Rabuor. He stated that his motorcycle's headlamp illuminated the people ahead on the road. He admitted that he saw Daniel Ochieng, Owuor Ogweno, Owino Olouch from the crowd. He admitted that he could not recall the exact number of the people at the scene. He confirmed that the suspects were sitting down and had not been beaten. He stated that Daniel Ochieng was arrested but later died and who was the 2nd accused in this matter. He confirmed that Alex Otieno (PW2) was among those seated on the ground and being killed. He stated that the Chief’s name is Wuod Adhiambo. He stated his phone number was 07972299 but could not recall the full details or provide phone records confirming ownership. He confirmed that the Chief testified in court and acknowledged receiving his call. He noted that he spoke with the OCS Tingwangi during a conference call with the Chief, though he could not recall the OCS's name. He acknowledged hearing the testimony of Alex Opiyo and stated he had no issue with the individuals present at the scene. He maintained that he had been framed in this case. He admitted speaking with the Chief on two different occasions and informed him that two persons were apprehended. He stated that cable vandalism was rampant in the area and villagers had instructions to alert authorities. He confirmed that Owino Olouch was arrested but later made a prosecution witness. He maintained that suspects were apprehended and that he did not know the deceased and did not know the whereabouts of Joy.
In re-examination, he confirmed that the Chief and PW9 testified regarding the call and absence of weapons, respectively. He stated he did not intend to call the Chief as a defense witness and Alloys as his witness.
15. Stephen Odour Waga (DW2) testified that he is the 2nd Accused herein and resides in Uloma near Yala Bridge and operated a business known as Damos Pub. He produced business receipt No. 000807 dated 13/11/2024 and No. 006807, stating he had operated the pub since August 2024. He recalled that on 24th December 2024 at 11:00 PM while at his business premises, he heard commotion from a large crowd. He went toward the noise and saw Alex Otieno standing near a KPLC pole. Alex stated that he was attempting to rectify an electrical fault. Upon hearing further commotion, he made a U-turn and returned home while Alex ran into the bushes. He returned to close his pub. He asserted that he carried no weapons, was not involved in the scene and was not involved in the death of the deceased. He was subsequently arrested at his pub on 27th December 2024.
On cross- examination, he testified that "Damos" in his pub's name and he opened the pub at in August 2024. He confirmed operating the business on the night of the incident with his wife. He confirmed seeing a large crowd. Upon hearing a second noise at scene zero, he described it as sounding like a vehicle being struck with stones, though he did not see the vehicle itself as it drove toward Bondo. He testified that he did not see the 1st Accused at the scene. He stated that he visited the scene the following morning at around 11:00 AM. He denied knowing the deceased or any other witnesses and stated he did not know why Alex Opiyo testified against him.
In re-examination, he clarified that he could not remain behind at the scene as others fled.
16. Richard Onyango Adagi (DW3) testified that he is the 3rd Accused and works doing sign writing and painting in Siaya opposite Uloma. He recalled that on 24th December 2024 at around 11:30 PM, he was inside his mother's house taking care of his siblings until they fell asleep. Thereafter, he retired to his own house situated fifteen metres away. He testified that on 12th March 2025, while returning from Bondo, he was arrested by armed police officers in civilian attire. He denied knowing the deceased, and stated he was unaware of the deceased's death and maintained his innocence.
On cross- examination, he testified that he was from West Sakwa. He stated that on 24th December 2024 at around 12:30 AM, he was preparing food and rested for only ten minutes. He was watching Christmas celebrations on television alongside his sister Irine Achieng. He stated that his mother Roseline Adhiambo, had attended night prayers at a nearby Catholic Church. He confirmed his mother was in court but stated he had not called her as a witness because she was not at home during the incident. He stated that he does not know PW9 and whatever was said by him was not true. He noted that his house lacked electricity and they used solar lights. He denied knowing persons named Denis Omondi or Digoli. He denied giving his statement to the police. He stated that the arresting officer claimed he had attempted to flee prior to his arrest. He testified that he did not see the co-accused persons on the night of the incident and only met them in custody. He denied knowledge of any crime, stating he was at home throughout.
[...truncated]
2. The prosecution called a total of ten (10) witnesses in support of its case.
3. Charles Owogo Ochome (PW1) testified that he came from Uloma and resided in Uloma, where he worked as a manager of a certain school. He stated that he knew all the accused persons by sight though he did not know them intimately. He testified that the deceased Charles Ngonga was his employee who worked as his driver. He recalled that on 24th December 2024, he left Kisumu for his home and called his caretaker at home to go to Bondo Kplc as he needed some electric fault sorted. He was later alerted to an electrical fault at around 3:00 PM. He traveled back home arriving at around 7:00 PM and retired to bed early as the KPLC officers had not yet arrived. Later, he was alerted by the caretaker that Kenya Power (KPLC) officials were ready to come but lacked transport. That he released his driver (the deceased) along with the caretaker Alex in his vehicle, a Toyota Hilux KDM 362V, to pick them up. They returned to fix the electrical fault. Later, the caretaker came to his room and claimed that they had been attacked while fixing the fault. That he called for police assistance from Bondo. The Police officers arrived but there was commotion brought about by irate villagers. He testified that the villagers advised him that he alerts the police from Kogelo who visited the scene. He testified that at that particular time he did not see his driver as he had assumed that he had rushed to his home. The following morning, he proceeded to the deceased’s home but did not find him. He went to Tingwangi Police Post. His driver's body was subsequently recovered from River Yala on 28th December 2024.
Under cross examination by Counsel for the 1st and 2nd Accused, he testified that he was not present at his home during the initial incident. He confirmed that he did not leave his house until the morning when he went to Tingwangi Police Post. He admitted that he did not witness the incident. He confirmed that he recorded his statement at Siaya police station. He stated that his home compound had solar light. He admitted that he was informed that there was a malfunction on one of the electricity poles at the roadside. He admitted that he did not personally investigate the malfunction.
Under cross-examination by counsel for the 3rd Accused, he testified that there was an electrical malfunction at the junction of the road leading to the trading center that had persisted for about three months. He confirmed that he was not present at the scene during the attack and only learnt of it when informed. He admitted that he does not know the accused persons.
Under re-examination, he confirmed that he saw the contents of his written statement. He re-stated that his caretaker had informed him that the driver had been attacked.
4. Alex Otieno Otieno (PW2) testified that he resided in Uloma Village and was a caretaker for Charles Ochome. He stated that the deceased, Charles Ngonga was his colleague employed as a driver by the same employer. He knew all three accused persons: the 1st Accused as Onyango/Onyash, the 2nd Accused as Oduor and the 3rd Accused as Richard. They were from Uloma and Sakwa. He recalled that on 24th December 2024 at around 9:00 AM, his employer instructed him to go to the KPLC office in Bondo regarding an electrical fault. At Bondo, he met one Cliff Otiende who agreed to check the fault and promised to return at 4:00 PM. Later that night, he and the driver (deceased) went in their employer's Double Cabin vehicle to pick up the KPLC officers/technicians. They retrieved climbers, safety belts and wire pieces. That he sat in the front passenger seat while others sat in the back. Upon arrival at Uloma near the site of the fault (about 200 metres away), the technician used climbing gear to ascend the electricity pole. That he illuminated the area with a small torch. A group of people emerged making claims and refusing to listen to him despite knowing him. Among them was one Owino who later left. The 1st accused snatched the climbers while the 3 rd Accused got hold of him. The 1st Accused told the others to leave since they had seized the climbers. The deceased driver was inside the vehicle. The 1st accused raised an alarm alerting villagers that "thieves" were in the area. A large crowd gathered. That he pleaded with them explaining that they were not thieves but the mob suddenly began striking the vehicle. That he fled the scene toward Bondo and reported the incident to his employer. A search party was organized but out of fear he stayed behind and stood at the gate of Rajula and it was then that he heard inquiries about the whereabouts of Otieno. He testified that he did not witness the killing of the deceased. He testified that he has seen his statement but the contents therein are incorrect. He testified that the group that had gone ahead came back and they decided to go back to their employer’s home. That two of their group namely Diblo and Denis remained behind. Later at midnight, his employer made calls and later police officers form Bondo arrived and advised that reports be filed at Tingwangi Police Post. At the police station, the 1st accused, Owino, and the accused who has since died surrendered only the KPLC climbers and wires. Upon visiting the scene, police found bloodstains, an unused condom and a pair of socks. Further along near the bridge, bloodstains indicated that someone might have been tossed into River Yala. Following search efforts, the deceased’s body was recovered from River Yala on 28th December 2024. The body had cut wounds on the mouth, head dents and a missing testicle. The body was later taken to Siaya Hospital Mortuary.
On cross examination by counsel for the 1st and 2nd Accused, he confirmed that he was using a torch to assist the electrician on the pole. He estimated the distance from the vehicle to the pole as approximately 30 to 60 metres. He noted the presence of a Posho mill structure nearby. He agreed that vehicle lights did not illuminate the electricity pole. He stated that he did not directly witness the accused persons assaulting the deceased, as he fled when the crowd attacked. He confirmed visiting Yala Bridge, noting it was high above the riverbed and agreed that jumping or falling from such a height could cause injuries. He confirmed seeing bloodstains on the bridge area.
On cross-examination by counsel for the 3rd Accused, he testified that he had a large torch while the 1st accused had a small torch. It was around 11:00 PM. The 1st accused was dressed in brown jeans while the 3rd Accused wore a black coat and that the 2nd accused wore something in red. He confirmed that he saw the accused persons approaching and who raised an alarm claiming they were thieves. He confirmed leaving the accused persons at the pole and went to the vehicle. He confirmed that members of the public later came to the scene. He stated that he met the 1st accused earlier in the day riding his motorcycle while the 2nd accused was conducting his business. He confirmed the 3rd accused was at that time in police custody in Bondo. He confirmed the 3rd accused had a stick but he did not witness any accused person physically assault the deceased.
On re-examination, he clarified that the vehicle was at the pole. The 1st accused used a phone torch while the 3rd accused had a stick and carried the climbers. He maintained that he saw the accused persons at the scene. He re-stated that bloodstains led from the scene toward the bridge and were found on a stone.
5. John Okinyi Adhiambo (PW3) testified that he was the Chief of South Alego Location. He knew the deceased Charles Ngonga as well as the three accused persons who were his subjects. On 24th December 2024 at around 11:00 PM, he received a phone call from the 1st Accused (Onyango alias Onyash) who reported that they had apprehended three suspects stealing transformer/electrical components. That he advised him to bring the suspects to the location center/station. That he then called the OCS who indicated that he had no transport but would direct officers to the scene. That he called the 1st accused back who stated that the suspects had escaped leaving behind a belt, climbers and car keys. Later, Charles Ochome called him while reporting that his workers sent to repair power lines had been attacked, their vehicle hotwired, the driver missing, and the KPLC officer fled. At 6:00 AM the next morning, Charles Ochome reported that his driver had not returned home. He went toward Yala Bridge and called the 1st accused, who arrived and explained what happened. He instructed the 1st accused to surrender the items held. The 1st accused and others were placed in police cells. He joined the search efforts and that the deceased's body was recovered on 28th December 2024.
On cross examination by counsel for the 1st and 2nd accused, he confirmed that he was not present during the incident. He stated there had been frequent cable and power equipment thefts in the village over the preceding months. He confirmed the 1st accused called him to report people tampering with power lines and had also notified the police. He stated the 1st accused was not afraid, presented himself and handed over the recovered items. He only spoke to the 1st accused on the night of 24th December 2024.
On cross examination by Counsel for the 3rd Accused, he testified that the 1st accused alerted him about the recovered items. He received the report at 2330 hours. He confirmed that cable theft was rampant in the area.
On re-examination, he re-stated that he received the recovered items from the accused. He confirmed that he was not at the scene and acted on phone calls regarding the incident.
6. No.212870 CPL Wilson Imala (Rtd) PW4 testified that on 24th December 2024, he was the officer-in-charge of the Tingwangwa police post. At around midnight, the 1st accused (Dan Onyango) called to inform him that they had found someone atop a KPLC power pole near River Yala. That he informed him that officers could not move immediately due to lack of transport. Later, the 1st Accused called back stating that the three suspects had run away while abandoning climbing gear. That he instructed him to detain the materials. He testified that the following day, the said Onyango came over to the police post in company of other persons. Subsequently, the OCS arrived and directed him to detain the two persons. Later on, the DCI indicated to him that the suspects had murdered somebody and threw him in River Yala. He testified that the. DCI officers took over the suspects and exhibits.
On cross examination by counsel for the 1st and 2nd accused, he confirmed that he was on patrol duties at Yala. The 1st Accused called him claiming a suspect was found climbing a power pole and later escaped leaving climbing gear behind. He instructed him to bring the gear to the post. He did not visit the scene personally that night.
7. Cliffins Otieno Adinda (PW5) testified that he resided in Bondo and worked as a casual electrician. On 24th December 2024 while in Siaya, he received a call requesting assistance with an electrical fault near River Yala. At around 7:30 PM, he arrived at the location. The vehicle was parked, and he began inspecting the power pole to rectify the issue. Suddenly, a group of people approached while demanding to know what they were doing. The group confronted him and seized his tools. As the group became unruly, he locked himself inside the vehicle and drove it away a short distance for safety. He tried calling the driver Charles in vain. He later managed to escape. He identified his confiscated tools, including climbing gear and copper lines. He stated that the 1st Accused led the group that snatched his gear.
On cross-examination by counsel for the 1st and 2nd Accused, he testified that he was an electrician trained at Kisii Polytechnic though he did not possess formal certification documents in court. He confirmed that he does not have documents in possession evidencing he indeed works with Kenya power. He arrived at the scene around 9:00 PM to attend to an emergency. He stated the crowd approached at around 11:00 PM. It was dark. He sat in the car and could not see everything that transpired at the pole. He drove away in Charles's employer's vehicle and could not tell if Charles was being attacked at that exact moment. He confirmed that he could identify the 1st Accused.
On re- examination, he clarified that the 1st Accused had a torch which enabled him to identify him clearly.
8. Edwin Ochieng Ngonga (PW6) testified that he resided in South East Alego and was the brother of the deceased, Charles Ngonga. On 25th/26th December 2024 while attending a funeral, he learnt that his brother had been killed near River Yala. On 26th December 2024, he joined search parties along River Yala. They pitched camp at the bridge for several days. They eventually recovered the deceased’s body from the river. He observed that the deceased's front teeth and tongue were missing. The DCI was alerted and the body was moved for autopsy.
On cross examination by counsel for 1st and 2nd accused, he confirmed that he was not present at the scene during the assault and did not witness the incident.
9. Dr. Erick Okongo (PW7) testified that he was a Medical Officer (Reg. No. A 11633) at Siaya County Referral Hospital. On 28th December 2024, he performed a post-mortem examination on the body of Charles Ngonga (approx. 34 years old). According to his finding; the body was naked and rigor mortis had resolved; the jaw was fractured/crushed and the tongue was crushed/missing; eyes were intact; skin was peeling off due to advanced decomposition; internal systems indicated that cracks were noted on the skull in the temporal-parietal region with brain tissue showing advanced decomposition. He established the cause of death as cardiovascular failure secondary to blunt head and chest trauma. Death Certificate No. 0194900 and Autopsy Report dated 28th December 2024 were produced as Exhibit 3.
On cross-examination by counsel for the 1st and 2nd Accused, he confirmed that chest injuries were evaluated under the respiratory system. He stated that the head/chest trauma was consistent with blunt force impact.
On cross -examination by Counsel for the 3rd Accused, he stated that he was a general medical officer, not a specialist forensic pathologist, and had practiced for several years. He explained that cardiovascular failure is the immediate terminal mechanism of death in all human fatalities. He confirmed collapsed lungs could lead to respiratory failure and blunt trauma is caused by non-sharp objects. He noted that there were no signs of classical drowning (e.g., hyper-inflated lungs).
10. No. 85551 PC Caleb Simbiri (PW8) testified that he was a gazetted Crime Scene Officer attached to Siaya. On 25th December 2024 at 2:47 PM, he was requested by CIP Jacob to process a motor vehicle, Toyota Hilux (KBM 362V) parked at Siaya Police Station. He photographed the vehicle. He subsequently visited Uloma Village near River Yala Bridge and took a total of 21 photographs depicting three scenes; Photos 1–3: Electricity power line scene.; Photos 4–12: Bloodstains leading toward River Yala; Photos 13–14: General view of River Yala and distances; Photos 15–20: Recovery of the deceased’s body floating in River Yala, showing torso injuries and physical state. And Photo 21: Vehicle KBM 362P. The Certificate of Electronic Evidence and the photo bundle of 21 prints were produced as Exhibit 4 and Exhibit 5 respectively.
On cross- examination by counsel for 1st and 2nd accused, he testified that he had been based in Siaya for one year. He confirmed taking the photographs using an official camera. He noted traces of blood leading towards the river located 30 meters from the alleged repair site. He admitted approximating the distance using his senses. He confirmed the crime scene was near a trading center. He admitted that he does not know how the blood found itself there. He confirmed collecting the samples of blood and handing them over to the Investigation Officer. He confirmed that there were no cut marks on the body.
On cross-examination by the counsel for the 3rd Accused, he confirmed that he visited the scene on 25th December 2024 at 2:47 PM and took photographs. He admitted that the aforesaid photos were not dated. He confirmed that he did not recover any weapons at the scene.
11. Alloys Owino Oluoch (PW9) testified that he was a Jua Kali artisan from Uloma area, Bando. On 24th December 2024 around midnight, he was at a bar in the company of Ras when the 1st accused (David Onyango alias Onyash) called him to accompany him. They went and found an electrician on an electricity pole. A crowd gathered, and someone inside a vehicle shone lights. Members of the public confronted and assaulted the driver (deceased), forcing him to run away. He named other assailants present as Otuka and Denis Omunde, Reagan, and Jesse (who were at large). He stated that the persons in the dock did not participate in the assault. He stated that the said 1st accused was trying to prevent the irate crowd from assaulting the victim. He testified that on 25/12/2014 he went to the market and met the 1st accused who disclosed to him that he had the climbing boots recovered from the scene. He testified that later on Ochieng Ogweno and he were also apprehended. He stated that he was arrested on 25/12/2024 together with the 1st accused and later Ochieng. He was later taken to Tingwangi Police Post.
On cross-examination by counsel for the 1st and 2nd accused, he testified that on 24th December 2024, he was sober. He confirmed the 1st accused called him to see what was happening. He affirmed that his statement to the police was correct. He maintained that the 1st accused tried to dissuade the mob from assaulting the driver. He confirmed that he called the police who rushed to the scene when the driver ran towards the bush. He admitted that the 2nd accused came later to the scene after the incident had already taken place. He confirmed that he was in the company of the 1st and 2nd accused at the time of arrest. He admitted to taking the climbing boots together with the 1st accused only to be arrested by the police.
On cross-examination by the counsel for 3rd Accused, he admitted that he found Otieno at the scene. He admitted that 3rd accused person was also at the scene but only at the standby. He confirmed that they were later taken to Tingwangi police post where he recorded his statement. He confirmed having met the deceased who had stopped the vehicle before the assailants arrived. He admitted that the assailants were not present in court. He confirmed that he was arrested on 25/12/2024 while in the company of 1st accused Ochieng. He stated that he was later released because he had committed no mistake.
12. No. 76603 CPL Diba Halake (PW10) testified that he is currently based at the DCI Mombasa but prior to that, he was based at DCI Siaya. He testified that he recalls on 25/12/2024 while in his office, he was instructed by the DCIO CIP Jacob to investigate a case of a missing person reported by one Charles Ochome who made the report at Tingwangi police post that one of his caretaker namely Otieno whom he had sent to fix some issues with KPLC in company of his driver Charles Ngonga and while they were at a distance of 200 metres form the homestead, they were attacked by a group of people comprising of David Onyango alias Onyash, Stephen Odour and Richard Onyango, Daniel Ochieng, Digalo Alloys Owino who attacked them and assaulted them. He visited the scene and established that the accused persons Daniel Onyango, Daniel Ochieng and Richard Onyango along with others at large assaulted the deceased. He recovered exhibits namely KPLC work equipment. These items had been confiscated from Cliff Otieno. He also recovered safety belt and an ignition key of the motor vehicle belonging to Charles Ochome and which had been in the possession of the deceased. These items, which had been confiscated from the scene, were recovered by the Assistant Chief from Daniel Ochieng and Daniel Onyango alias Onyash. He was able to establish that the accused persons were confronted by witnesses and gathered information that the assailants dumped the body of the deceased in River Yala. He established that the accused persons raised a false alarm alleging the deceased and his companions were transformer vandals/cable thieves. The mob assaulted the deceased and dumped his body into River Yala. The exhibits (KPLC climbers, safety belt and ignition keys) were produced in court.
On cross-examination by counsel for the 1st and 2nd Accused counsel, he confirmed that he was not an eyewitness to the assault. The exhibits were already handed over to police before he visited the main scene. He confirmed the accused persons had contacted the Chief regarding the recovered items. He confirmed that the accused persons were at the scene as informed by the witnesses, namely Alex Otieno, Cliff Otieno and a KPLC technician.
On cross-examination by counsel for the 3rd Accused, he confirmed visiting the scene on 25th December 2024 at around 11:00 hrs. He was not an eyewitness.
On re-examination, he maintained that the accused persons were directly linked to the murder through the exhibits recovered from them and their established presence at the scene.
13. At the close of the Prosecutor's case, this court established that a prima facie case had been made out against the accused persons herein to require them to be placed on their defence. The 1st and 2nd Accused elected to give sworn testimonies and called no witnesses, while the 3rd Accused elected to give sworn testimony and called one witness in support of his defence.
14. David Onyango Alias Onyash (DW1) testified that he is the 1st Accused in the matter and worked as a boda boda rider residing in Uloma near Bondo. He recalled that on 24th December 2024 at around 11:00 PM, he was at Bondo town purchasing gas. At around 11:30 PM, he picked up a passenger who requested transport to Tsunami Restaurant. Upon reaching near River Yala, he observed people on the road, including Daniel Ochieng, who was with Joy and Daniel Owino, and others, who claimed that they had apprehended thieves vandalizing KPLC poles. He stated that following a recent local Barasa agreement instructing residents to watch out for thieves, he decided to inform the area Chief. He called the Chief who inquired about the situation and was informed that suspects had been caught. The Chief indicated that he was far from the scene and also the officer in charge at Tingwangi police post had also indicted to him that he will not make it to the scene. He then proceeded to drop his customer at Tsunami Restaurant and returned to find Ochieng and Owino, who informed him that the suspects had escaped. The Chief called him back, and he informed the Chief that the suspects had escaped. A conference call was set up with the OCS based at Nyangoma police station in his presence. He informed the Chief that the fleeing suspects had left behind equipment and who directed that the items be left at the scene until the following day. Per the Chief's instructions, Ochieng gathered the items, which included climbers and wires. He then went home to sleep. The following morning, the Chief called him and instructed him to deliver the collected items to the police post. Accompanied by Ochieng and Owino, he took the exhibits to the Tingwangi police post. Upon arrival, he found several vehicles and was surprised when allegations of assaulting the deceased were leveled against him and others of killing the deceased and dropping him in the river. He was placed in police custody where he had remained since. He maintained that he was not at the scene during the assault and denied beating the deceased.
On cross- examination, he testified that he was aware he was presenting his defense and confirmed that he had no documentary evidence. He stated he was riding a motorcycle whose registration number he could not recall. He operated from United Stage under the leadership of one Erick Otis, noting that most riders lacked driving license. He could not recall the name of the passenger who paid him Kshs 200 to go to Tsunami Hotel, which he described as a guest lodge owned by Daktari. He confirmed the area is called Rabuor. He stated that his motorcycle's headlamp illuminated the people ahead on the road. He admitted that he saw Daniel Ochieng, Owuor Ogweno, Owino Olouch from the crowd. He admitted that he could not recall the exact number of the people at the scene. He confirmed that the suspects were sitting down and had not been beaten. He stated that Daniel Ochieng was arrested but later died and who was the 2nd accused in this matter. He confirmed that Alex Otieno (PW2) was among those seated on the ground and being killed. He stated that the Chief’s name is Wuod Adhiambo. He stated his phone number was 07972299 but could not recall the full details or provide phone records confirming ownership. He confirmed that the Chief testified in court and acknowledged receiving his call. He noted that he spoke with the OCS Tingwangi during a conference call with the Chief, though he could not recall the OCS's name. He acknowledged hearing the testimony of Alex Opiyo and stated he had no issue with the individuals present at the scene. He maintained that he had been framed in this case. He admitted speaking with the Chief on two different occasions and informed him that two persons were apprehended. He stated that cable vandalism was rampant in the area and villagers had instructions to alert authorities. He confirmed that Owino Olouch was arrested but later made a prosecution witness. He maintained that suspects were apprehended and that he did not know the deceased and did not know the whereabouts of Joy.
In re-examination, he confirmed that the Chief and PW9 testified regarding the call and absence of weapons, respectively. He stated he did not intend to call the Chief as a defense witness and Alloys as his witness.
15. Stephen Odour Waga (DW2) testified that he is the 2nd Accused herein and resides in Uloma near Yala Bridge and operated a business known as Damos Pub. He produced business receipt No. 000807 dated 13/11/2024 and No. 006807, stating he had operated the pub since August 2024. He recalled that on 24th December 2024 at 11:00 PM while at his business premises, he heard commotion from a large crowd. He went toward the noise and saw Alex Otieno standing near a KPLC pole. Alex stated that he was attempting to rectify an electrical fault. Upon hearing further commotion, he made a U-turn and returned home while Alex ran into the bushes. He returned to close his pub. He asserted that he carried no weapons, was not involved in the scene and was not involved in the death of the deceased. He was subsequently arrested at his pub on 27th December 2024.
On cross- examination, he testified that "Damos" in his pub's name and he opened the pub at in August 2024. He confirmed operating the business on the night of the incident with his wife. He confirmed seeing a large crowd. Upon hearing a second noise at scene zero, he described it as sounding like a vehicle being struck with stones, though he did not see the vehicle itself as it drove toward Bondo. He testified that he did not see the 1st Accused at the scene. He stated that he visited the scene the following morning at around 11:00 AM. He denied knowing the deceased or any other witnesses and stated he did not know why Alex Opiyo testified against him.
In re-examination, he clarified that he could not remain behind at the scene as others fled.
16. Richard Onyango Adagi (DW3) testified that he is the 3rd Accused and works doing sign writing and painting in Siaya opposite Uloma. He recalled that on 24th December 2024 at around 11:30 PM, he was inside his mother's house taking care of his siblings until they fell asleep. Thereafter, he retired to his own house situated fifteen metres away. He testified that on 12th March 2025, while returning from Bondo, he was arrested by armed police officers in civilian attire. He denied knowing the deceased, and stated he was unaware of the deceased's death and maintained his innocence.
On cross- examination, he testified that he was from West Sakwa. He stated that on 24th December 2024 at around 12:30 AM, he was preparing food and rested for only ten minutes. He was watching Christmas celebrations on television alongside his sister Irine Achieng. He stated that his mother Roseline Adhiambo, had attended night prayers at a nearby Catholic Church. He confirmed his mother was in court but stated he had not called her as a witness because she was not at home during the incident. He stated that he does not know PW9 and whatever was said by him was not true. He noted that his house lacked electricity and they used solar lights. He denied knowing persons named Denis Omondi or Digoli. He denied giving his statement to the police. He stated that the arresting officer claimed he had attempted to flee prior to his arrest. He testified that he did not see the co-accused persons on the night of the incident and only met them in custody. He denied knowledge of any crime, stating he was at home throughout.
[...truncated]