1. The Accused persons herein 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 were that Geoffrey Kibunja, Lucy Lozenja, Charles Ndori and Patrick Osuku on the 21st day of December 2021 at Elwanda Village, Sabatia Sub-County within Vihiga County, jointly murdered Deina Kavosi.
2. The Accused persons pleaded not guilty for the offence during plea taking vesting the burden of proof upon the Prosecution under Article 157 (6) & (7) as read with Article 50 (2)(a) of the Constitution on the presumption of innocence to adduce evidence to establish every element of the offence of murder. The Prosecution marshalled seven (7) witnesses who testified as follows: -
Prosecution Case Summary
3. PW1 – Alice Kanguha testified that she is a 63-year-old farmer and a daughter of the deceased, Deina Kavosi. She stated that on 21st December 2021 at about 7.00 a.m., she received a telephone call from Florence Mandu, a neighbour of the deceased, informing her that her mother had been strangled inside her house. PW1 immediately proceeded to her mother's homestead where she found several people gathered within the compound and the house. Upon entering the house, she observed the deceased lying motionless with her face covered by a blanket, her hands and legs tied from behind, and a sweater tied around her neck. She inquired whether the authorities had been informed and was informed that the area Chief had already notified the police. Police officers arrived shortly thereafter, secured the scene, confirmed that the deceased had died and subsequently facilitated the removal of the body to Kaimosi Mortuary. PW1 further testified that while at the mortuary, she received a telephone call through the deceased's mobile phone from a person who identified himself as a Pastor. The caller informed her that he had been receiving and disconnecting her calls made to the deceased's phone. He inquired whether she had arrived at her mother's home and whether the deceased was still alive. The caller allegedly stated that there had been four men involved in the incident and claimed that although he did not participate in killing the deceased, he witnessed what transpired and recorded a video of the events. He offered to provide the names of the perpetrators and the video recording on condition that PW1 paid him Kshs. 10,000. He directed her to send the money to a Safaricom number 0701743631 registered in the name of Phylloice Kayalo Lichungu and advised her not to send the money through the deceased's line. PW1 testified that she pretended to have the money and contacted the caller again, whereupon he informed her that the initial number had expired and promised to provide another number. However, he never called back or furnished the promised information. PW1 confirmed that she never sent any money to the caller.
4. PW2- Florence Ingishia Mandu testified that she is a 63-year-old married woman, a peasant farmer and a neighbour of the deceased, Deina Kavosi. She recalled that on 21st December 2021 at about 7.00 a.m., while at her home preparing her granddaughter for school, she was informed by her neighbour, Jane Khamadi, that the deceased had allegedly been killed by unknown persons and that her body had been found inside her house with her hands and legs tied and her head covered with a blanket. PW2 stated that she had last seen the deceased alive on 20th December 2021 at about 3.00 p.m. walking within her compound, having earlier assisted her at around 11.00 a.m. by tying her cows. PW2 testified that she immediately proceeded to the deceased’s homestead together with her children where they found a large crowd gathered. Upon entering the house, she observed the deceased lying lifeless with her hands and legs tied. Being a former village elder, she contacted the deceased’s daughter, Alice, and informed her of the incident before notifying the area Chief, Evans Indeshit. PW2 further testified that one Ndori, who regularly milked the deceased’s cows, narrated that on the evening of 20th December 2021 he had come to milk the cows, found the back door slightly open and, after receiving no response from the deceased, entered the house, collected a jug, milked the cows and left the milk on the kitchen table. The following morning at about 6.30 a.m., he returned and found the previous day’s milk untouched, prompting suspicion. He then called Jane Khamadi and together they searched the house and discovered the deceased’s body in the bedroom with her hands and legs tied. PW2 further stated that the area Chief arrived at the scene, confirmed the incident and subsequently summoned Police Officers who attended the scene and removed the deceased’s body. She remained at the deceased’s home until the deceased’s daughters and other relatives arrived before returning home. On 22nd December 2021, Officers from the Directorate of Criminal Investigations (DCI), Sabatia, visited her home and later recorded her statement concerning the incident.
5. PW3- Evans Endesia testified that he is the Chief of Izara Location within Sabatia Sub- County Vihiga, County. He stated that he knew Dianah Kavosi as she was living in his area and that he knew only one (1) accused person. He testified that he knew Lucy Lozenja, the 2nd Accused because she lived in
his area. He stated that on 21st December 2021 at about 6.05 p.m, he got a call from one of the Nyumba Kumi people being Florence Mandu (PW2) who told him that the deceased had been covered with a blanket and her legs had been tied and she was dead. He stated that he found a crowd of people both inside and outside the house where he removed them from the house and confirmed that the deceased had been covered with a blanket, the hands and legs had been tied to the back with a red and yellow manilla and there was a blood stained rolling pin for chapatis. He further added that there were blood stains on the tiles and notified the OCS of Kilingili Police Station and the ACC Chavakali followed and he showed them the deceased. It was his testimony that the deceased was lying on the floor and she had been covered with a checked blanket which had several colors, red boxes. He testified that he could remember the blanket marked as MF1-A, rolling pin that was blood stained marked as MF1- 2 A and B. PW3 testified that there were manilla strings that had been used to tie the deceased and he looked at the deceased body before he called the others. He added that the deceased was very old and there was no tussle. He stated that that is the way the deceased has been tied and made reference to the deceased home, the injury that he saw on the deceased body and how the floor was blood stained. It was his testimony that it was long time ago and the deceased was dressed because it was in the morning and that he only saw her barefoot. He added that the police and their normal investigators took photos, untied the deceased and took her to Kaimosi Mortuary and that he did not accompany them. It was PW3’s testimony that he recorded his statement.
6. PW4- Clarance Luvai Mudanya testified that on 21st December 2021, while attending to his transport business in Kakamega, he received a telephone call from his mother, Alice, informing him that his grandmother, Deina Kavosi, had been found murdered at her home in Elwanda Village. He immediately travelled to the deceased’s home where he found a crowd gathered and local administrators, including the Assistant Chief and Chief, together with police
Officers and DCI Officers at the scene. Before the police commenced their investigations, PW4 entered the deceased’s house and observed the body lying in the bedroom with both hands and legs tied using red and yellow sisal-like strings. He further observed that the deceased’s head had been covered with a blanket, there were blood stains on the floor, wall and mosquito net, and a rolling pin stained with blood was lying near the body. He stated that after the police processed the scene and removed the blanket, he saw that the deceased’s neck had been tied with a leso and a sweater, suggesting that she had been strangled, and that there were visible injuries on her forehead and head. The body was thereafter removed to Kaimosi Jumuia Hospital Mortuary. PW4 further testified that while at the mortuary, his mother received a call from an individual using the deceased’s mobile phone number. The caller identified himself as a Pastor and claimed that he had been present during the murder together with three other individuals. According to the caller, he had not participated in the killing but had recorded a video of the incident and demanded Kshs. 10,000/= in exchange for the video and other information concerning the perpetrators. The caller further alleged that one “Lucy” was the mastermind of the murder and mentioned two other individuals, namely Charles, the milkman, and a former servant known as Patty. PW4 stated that after the call, the caller sent a Safaricom number, 0701743631, through which the money was to be sent, and the family relayed this information to the DCI Officers for investigation. He further testified that he later attended the post-mortem examination and burial of the deceased and subsequently learned from investigators that a suspect had been arrested in possession of the deceased’s mobile phone and electoral identification card, leading to the arrest of other suspected accomplices. He thereafter recorded his statement with the DCI officers concerning the incident.
7. PW5- Dr. Adori Akalicha testified that he is a Medical Officer at Vihiga County Referral Hospital with nine years’ experience as a medical doctor and holds a Bachelor of Medicine and Bachelor of Surgery degree from Egerton University. He stated that he conducted a post-mortem examination on the body of Doina Kavesi on 23rd December 2021. Upon examination, he observed that the deceased was an African female of fair nutrition with post-mortem changes including rigor mortis and algor mortis. Externally, he noted multiple injuries comprising a sharp cut wound on the forehead, several rough-edged cuts on the head consistent with blunt force trauma, a nail-knee injury on the right knee, and lacerations on the labia. Internally, he observed scalp vessel injuries, bilateral labial lacerations, a fracture involving the parietal and occipital regions of the skull, brain contusion, mild extradural hematoma and subluxation of the cervical vertebrae C3 and C4. He formed the opinion that the cause of death was asphyxia secondary to severe head and cervical injuries resulting from an assault. He produced the post-mortem report dated 23rd December 2021 as an exhibit, which was marked Exhibit 9.
8. PW6- Alvin Mukilwa Mudanya testified that he is a teacher by profession and on 6th January 2022 at about 3:52 p.m., while attending a staff meeting at his school where he was serving as the Secretary, he received a telephone call from an unfamiliar number, 0762455645. Since he was occupied with the meeting, he did not answer the call but instead sent a text message informing the caller that he was in a meeting and would call back later. He thereafter switched off his phone to avoid interruptions. Upon completion of the meeting at around 5:46 p.m., he switched on his phone and noticed a text message indicating that the caller had attempted to reach him earlier. Shortly thereafter, the same caller telephoned him and addressed him by his name, Alvin Mugilwa. The caller informed him that he wished to reveal the identities of the persons responsible for the murder of his grandmother. As the caller began mentioning a person known as “Lucy,” PW6 interrupted him and demanded to know his identity. However, the caller declined to identify himself and instead asked PW6 whether he genuinely wished to know who had murdered his grandmother. PW6 responded that he did not wish to endure any further emotional pain arising from the incident, whereupon the caller expressed sympathy by saying “pole” and abruptly terminated the conversation. PW6 further testified that following the call, he reflected on past conversations he had had with his late grandmother during school holidays.
He recalled that his grandmother had previously informed him that a woman known as Lucy, whom he described as his aunt from his step-grandmother’s side, had on several occasions attempted to harm her and had allegedly even consulted witch doctors against her. According to PW6, his grandmother had told him that it was only through her strong faith that she had survived those alleged attempts. After the telephone conversation, PW6 contacted his brother, Dr. Nixon Serede Mugilwa, informed him of the call and forwarded the caller’s number to him. He also informed his mother, Alice, of the incident. His mother advised him that should the caller contact him again, he should remain calm, listen carefully to the information being provided and, if possible, record the conversation. However, the caller never contacted him again. PW6 further stated that after the call ended, he sent a text message to the caller at about 6:08 p.m. on the same day, which read: “Mungu tunaye mwamini halali, yeye ndio muweza yote na atatupigania.” He later accompanied his family members to the DCI Offices at Sabatia on 21st January 2022, where he recorded a statement concerning the foregoing events.
9. PW7 – No 79667 Sergent Mark Arawo testified that he was the Investigating Officer attached to DCI Sabatia and was assigned to investigate the murder of Deina Kavosi. He stated that on 21st December 2021, after receiving information from the then DCIO and OCS Kilingili, he proceeded to the deceased’s home at Elwanda Village, Munoywa Sub-location, where he found the scene secured by Police Officers and Local Administrators. Upon entering the deceased’s bedroom, he observed the deceased lying on the floor with her hands and legs tied behind her back using orange and maroon ropes, her neck tied with a leso and sweater, and her upper body covered with a blanket. He further observed blood stains on the floor, walls, and mosquito net, clothes scattered on the floor, and a blood-stained chapati rolling pin beside the body. Photographs of the scene were taken before the body was untied and removed to Kaimosi Mortuary. During investigations, he established that the deceased’s phone, Safaricom No. 0727704463, had been stolen from the scene. While at the mortuary, the deceased’s daughter, Alice Kanguha (PW1), received a call from a person using the deceased’s phone who introduced himself as a Pastor and claimed that he was among four individuals present during the murder. The caller alleged that they had been hired by Lucy Lozenja to obtain the deceased’s title deed and demanded Kshs. 10,000 in exchange for information, a video recording of the incident, blood samples, and the deceased’s phone. Subsequently, the caller directed PW1 to send the money through Safaricom No. 0701743631, which investigations revealed had been registered in the name of Phylloice Kayalo Lichienga. PW7 testified that through mobile phone tracking and analysis, police traced the deceased’s line 0727704463, the Safaricom line 0701743631 and an Airtel line 0762455645, which had also been used to contact Alvin Mugilwa Mudanya (PW6) and another family member while demanding money in exchange for information concerning the murder. Investigations led Officers to Viyalo where they arrested the 1st Accused, Geoffrey Kibunja Vunziru and recovered from his possession the deceased’s mobile phone, the deceased’s SIM card 0727704463, the Airtel line 0762455645, the deceased’s voter’s card, and the identity card used to register 0701743631. Upon interrogation, the 1st Accused implicated his co-accused namely Lucy Lozenja (2nd Accused), Charles Ndori (3rd Accused), and Patrick Osuku alias Patty (4th Accused), alleging that Lucy had orchestrated the murder due to a land dispute involving the deceased’s title deed. The witness subsequently arrested the other accused persons and subjected the male accused persons to DNA sampling following the post-mortem findings suggesting possible sexual assault. However, the Government Chemist’s Report dated 13th October 2022 ruled out the allegation of gang rape. PW7 further testified that he recovered and produced numerous exhibits before the Court including the blanket covering the deceased (Exhibit 1); orange and maroon ropes used to tie the deceased (Exhibits 2A and 2B); blood-stained leso (Exhibit 3); brown checked sweater used in strangulation (Exhibit 4); blue blood-stained dress (Exhibit 5); black petticoat (Exhibit 6); blood-stained chapati rolling pin (Exhibit 7); photographs of the crime scene and the deceased (Exhibits 8A–8F); the deceased’s Nokia 7A mobile phone (Exhibit 10); the deceased’s voter’s card (Exhibit 11); the 1st Accused’s identity card (Exhibit 12); Airtel SIM card No. 0762455645 (Exhibit 13); the deceased’s SIM card No. 0727704463 (Exhibit 14); the inventory form dated 9th January 2022 signed by the 1st Accused and his wife (Exhibit 15); exhibit memo forms relating to vaginal swabs, fingernail samples and buccal swabs (Exhibits 16A–16D); and the Government Chemist Report dated 13th October 2022 (Exhibit 17). He concluded that the investigations, witness statements, telephone communication analysis, recovered exhibits and forensic evidence connected the four accused persons to the murder of the deceased, leading to their arrest and Prosecution before the Court.
10. This Court vide its Ruling dated 16th July 2025 found that the having considered the evidence of the Prosecution witnesses, a prima facie case had been established against the 1st, 2nd, 3rd and 4th Accused Persons herein to warrant them being put on their defence. Consequently, the Accused Persons were put on their defence.
11. The Defence called 4 witnesses against their charges of murder of one Deina Kavosi.
Defence Case Summary
12. DW1- Geoffrey Kibunja Onziru testified that he was a casual labourer who occasionally worked for the deceased, Deina Kavosi, whenever she required assistance. He stated that on the evening of 20th December 2021, the deceased called him and requested him to report to her home the following morning to assist with some work. Consequently, on 21st December 2021 at dawn, he proceeded to the deceased’s homestead where he found two cows outside, the door open and the radio playing. Upon knocking severally and receiving no response, he entered the house and observed a jug of milk beside the radio and the deceased’s mobile phone inside a pouch. He then peeped into an adjacent room and saw blood stains on the walls and floor and a person lying on the floor covered with a blanket from the head to the stomach area. He became alarmed and, fearing the implications of the situation, took the deceased’s mobile phone with the intention of contacting her relatives. He testified that he first attempted to call a number saved as “Serede” (0720406051) but the call did not go through. He then called another contact saved as “Elvini,” who informed him that he was in a school meeting before disconnecting the call. Thereafter, he called Alice Mudanya through mobile number 0726161677 and informed her that her mother, Deina Kavosi, had been killed. He stated that Alice instructed him not to switch off the deceased’s phone and promised to contact him after reaching her mother’s home. Later, at around noon, he again spoke with Alice, who informed him that the deceased’s body had been taken to Kaimosi Mortuary and requested him to retain the phone for collection. He maintained that he never demanded money from the deceased’s family and denied making any requests for payment in exchange for information regarding the deceased’s death. DW1 further testified that on 9th January 2022, two individuals visited his home, identified themselves as children of the deceased and requested him to narrate what had transpired. He handed over the deceased’s mobile phone to them, after which they gave him Kshs. 200 to buy sugar. However, after his physically challenged wife entered the room, the visitors identified themselves as Police Officers, handcuffed him and conducted a search of his house. The officers recovered his identity card, mobile phone and Inua Jamii card before escorting him to the DCI offices at Sabatia. He alleged that while at the DCI offices he was interrogated by the Investigating Officer, Sergeant Rao PW7, who subjected him to threats and coercion and demanded that he admit involvement in the offence. He stated that he was presented with the names Lucy Lozenji, Charles Ndori and Patrick Usuku and was compelled to acknowledge knowing them, though he insisted that he never witnessed any of them kill the deceased. He explained that he knew Charles Ndori as a neighbour, Lucy Lozenji as the deceased’s daughter from another home and Patrick Usuku as a person who had previously worked at the deceased’s home. He testified that the three accused persons were later brought before him individually by the police. DW1 maintained that he arrived at the deceased’s home after the offence had already been committed and that the only link between him and the incident was the deceased’s mobile phone, which he had retained solely to notify her family members. He denied participating in the murder, denied sexually assaulting the deceased, denied making any confession voluntarily and denied demanding money in exchange for information. He further denied knowledge of any voter’s card belonging to the deceased as alleged by PW7 and reiterated that he had worked at the deceased’s home for approximately two years as a casual labourer but was not sufficiently familiar with all aspects of her homestead. He concluded by asserting that he was innocent, that he had merely acted as a good Samaritan in attempting to contact the deceased’s relatives, and that he continued to deny all the charges preferred against him.
13. DW2- Lucy Lozenja testified that she was a resident of Ilunada Village and earned a living through casual labour. She stated that on 20th December 2021, she spent the day attending to her household chores and later attended a committee meeting at the home of Joseph Ngereso from about 2.00 p.m. until 7.00 p.m. in preparation for a teacher’s retirement ceremony scheduled for the following day. After the meeting, she returned home, had supper and retired to bed. On the morning of 21st December 2021, while sweeping outside her house, she heard Charles Ndori and Jane Khamadi discussing an incident involving the deceased, Deina Kavosi. Upon inquiring, Charles informed her that they had received information that Mama Deina had been killed. Together with Charles and Jane, she proceeded to the home of Florence Ingishia Mandu PW2, who was a village elder and her neighbour. Florence intended to travel to inform the deceased’s daughter, Alice, but DW2 advised her that Chavakali was far and offered to provide Alice’s telephone number. Florence subsequently called Alice and informed her of the incident, although she had not yet confirmed the death personally. DW2 testified that she, Charles Ndori, Jane Khamadi and Florence Mandu thereafter proceeded to the deceased’s home where they found a large crowd gathered. Upon entering the house, she observed the deceased lying in her bedroom covered with a blanket from the head to the waist, with only the legs visible. She noticed that the deceased’s legs were tied with a rope. She stated that Florence Mandu immediately contacted Chief Evans Indesia (PW3), who instructed them not to interfere with the scene and informed them that police officers had already been notified. Shortly thereafter, Alice PW1 arrived at the scene screaming and distressed. The Assistant Chief, the Chief and police officers from Kilingili subsequently arrived, entered the house and commenced investigations. DW2 further testified that on 9th January 2022, after returning from church at about 7.00 p.m., she was arrested by police officers who were accompanied by Charles Ndori, who was already handcuffed. She was taken to Mudete Police Station, where she was informed that she was suspected of having planned the murder of the deceased and was allegedly captured in a video committing the offence. She denied the allegations and stated that she had never participated in, planned or conspired with anyone to kill the deceased. She acknowledged knowing the 1st Accused person, whom she knew as a former worker in a neighbouring home, but denied any involvement with him in the commission of the offence. Regarding the issue of land, DW2 testified that she had been accused because of a land dispute involving the deceased. She explained that Geoffrey Kibunja DW1 had alleged that she had sent him to obtain a title deed. She denied the allegation and stated that after her father's death, succession proceedings were necessary to establish ownership of the family land and address a dispute involving a neighbour claiming part of the property. She conducted an official search at the Lands Registry and produced a Certificate of Official Search dated 23rd December 2011, which showed that the title deed remained at the Lands Registry. The said Certificate of Official Search dated 23rd December 2011 was produced as Defence Exhibit 1 DExh-1. She further testified that the deceased had requested her to remove a caution she had lodged against the land and that both of them appeared before the Land Registrar to explain their respective positions. The Land Registrar subsequently referred them to the area Chief, Zakaria Mwangala, for resolution of the dispute. DW2 maintained that no evidence had been presented before the Court linking her to the murder of the deceased and urged the Court to find that she had been falsely implicated due to the underlying land dispute.
14. DW3- Charles Ndori testified that he was a resident of Iluanda Village in Sabatia Sub-County, Vihiga County, and earned his livelihood through poultry keeping and small-scale business activities. He stated that in December 2021, the deceased, Deina Kavosi, visited his grandfather’s home and requested that he assist her in milking her cows because of her advanced age and until she could secure a permanent worker. He agreed and thereafter milked her cows every morning and evening. He testified that on the evening of 20th December 2021, at about 7.00 p.m., he went to the deceased’s home to milk the cows. He did not find the deceased but, as was customary, he entered the house through the kitchen, milked the cows and left the milk on the kitchen table before departing. He stated that he did not see the deceased that evening. DW3 further testified that on the following morning, 21st December 2021, he returned to milk the cows and found that the milk he had left on the table the previous evening was still untouched. This aroused his suspicion that something was amiss. He then went to the home of Jane Ondisa Khamadi, a neighbour of the deceased, and informed her that he had not seen Mama Deina and that the milk left the previous evening remained untouched. Jane informed him that she had not seen the deceased either but agreed to accompany him to the deceased’s home. Upon arriving there, Jane entered the deceased’s bedroom and shortly thereafter informed him that Mama Deina had died. The two then proceeded to the home of Florence Ingishia Mandu PW2, who was the area Nyumba Kumi elder, to report the incident. On the way, they encountered Lucy Lozenja DW2 near her home and informed her of what had happened. DW3 testified that Florence Mandu sought to notify the deceased’s children, and Lucy Lozenja provided the telephone number of Alice Mudanya PW1. Florence subsequently contacted Alice and informed her of the incident. Thereafter, DW3, Jane Khamadi, Lucy Lozenja and Florence Mandu returned to the deceased’s homestead, where the incident was reported to the area Chief. Police officers later arrived, processed the scene and removed the deceased’s body to the mortuary. He stated that after the death of the deceased, he continued milking the cows and looking after them until 1st January 2022, when one of the deceased’s children sent him Kshs. 1,000/= as appreciation for his assistance. DW3 further testified that on 9th January 2022, he was arrested in connection with the death of the deceased. He informed the Court that Jane Ondisa Khamadi, who had accompanied him to the deceased’s home and witnessed the events of 21st December 2021, had since passed away after recording a statement with the police. He requested the Court to consider her statement in support of his defence. He similarly referred to the statement of Florence Ingishia Mandu PW2 and urged the Court to consider it as it corroborated his account of how the deceased’s body was discovered and the subsequent reporting of the incident. Throughout his testimony, DW3 maintained that he merely discovered the unusual circumstances surrounding the deceased’s disappearance, reported the matter through the appropriate channels and had no involvement whatsoever in the death of the deceased.
15. DW4 - Patrick Osuku testified that he was the fourth accused person in the case and denied any involvement in the murder of the deceased. He stated that he had worked for the deceased from August 2018 until 7th January 2020 when he left her employment and relocated to Kabras in Kakamega County in search of better opportunities. According to him, after leaving the deceased’s homestead, he neither visited her nor communicated with her by telephone. He testified that he was arrested on 18th January 2022 at Kagoi Corner and only came into contact with his co-accused persons after his arrest. He stated that he knew the second accused, Lucy Lozenja, as the d
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2. The Accused persons pleaded not guilty for the offence during plea taking vesting the burden of proof upon the Prosecution under Article 157 (6) & (7) as read with Article 50 (2)(a) of the Constitution on the presumption of innocence to adduce evidence to establish every element of the offence of murder. The Prosecution marshalled seven (7) witnesses who testified as follows: -
Prosecution Case Summary
3. PW1 – Alice Kanguha testified that she is a 63-year-old farmer and a daughter of the deceased, Deina Kavosi. She stated that on 21st December 2021 at about 7.00 a.m., she received a telephone call from Florence Mandu, a neighbour of the deceased, informing her that her mother had been strangled inside her house. PW1 immediately proceeded to her mother's homestead where she found several people gathered within the compound and the house. Upon entering the house, she observed the deceased lying motionless with her face covered by a blanket, her hands and legs tied from behind, and a sweater tied around her neck. She inquired whether the authorities had been informed and was informed that the area Chief had already notified the police. Police officers arrived shortly thereafter, secured the scene, confirmed that the deceased had died and subsequently facilitated the removal of the body to Kaimosi Mortuary. PW1 further testified that while at the mortuary, she received a telephone call through the deceased's mobile phone from a person who identified himself as a Pastor. The caller informed her that he had been receiving and disconnecting her calls made to the deceased's phone. He inquired whether she had arrived at her mother's home and whether the deceased was still alive. The caller allegedly stated that there had been four men involved in the incident and claimed that although he did not participate in killing the deceased, he witnessed what transpired and recorded a video of the events. He offered to provide the names of the perpetrators and the video recording on condition that PW1 paid him Kshs. 10,000. He directed her to send the money to a Safaricom number 0701743631 registered in the name of Phylloice Kayalo Lichungu and advised her not to send the money through the deceased's line. PW1 testified that she pretended to have the money and contacted the caller again, whereupon he informed her that the initial number had expired and promised to provide another number. However, he never called back or furnished the promised information. PW1 confirmed that she never sent any money to the caller.
4. PW2- Florence Ingishia Mandu testified that she is a 63-year-old married woman, a peasant farmer and a neighbour of the deceased, Deina Kavosi. She recalled that on 21st December 2021 at about 7.00 a.m., while at her home preparing her granddaughter for school, she was informed by her neighbour, Jane Khamadi, that the deceased had allegedly been killed by unknown persons and that her body had been found inside her house with her hands and legs tied and her head covered with a blanket. PW2 stated that she had last seen the deceased alive on 20th December 2021 at about 3.00 p.m. walking within her compound, having earlier assisted her at around 11.00 a.m. by tying her cows. PW2 testified that she immediately proceeded to the deceased’s homestead together with her children where they found a large crowd gathered. Upon entering the house, she observed the deceased lying lifeless with her hands and legs tied. Being a former village elder, she contacted the deceased’s daughter, Alice, and informed her of the incident before notifying the area Chief, Evans Indeshit. PW2 further testified that one Ndori, who regularly milked the deceased’s cows, narrated that on the evening of 20th December 2021 he had come to milk the cows, found the back door slightly open and, after receiving no response from the deceased, entered the house, collected a jug, milked the cows and left the milk on the kitchen table. The following morning at about 6.30 a.m., he returned and found the previous day’s milk untouched, prompting suspicion. He then called Jane Khamadi and together they searched the house and discovered the deceased’s body in the bedroom with her hands and legs tied. PW2 further stated that the area Chief arrived at the scene, confirmed the incident and subsequently summoned Police Officers who attended the scene and removed the deceased’s body. She remained at the deceased’s home until the deceased’s daughters and other relatives arrived before returning home. On 22nd December 2021, Officers from the Directorate of Criminal Investigations (DCI), Sabatia, visited her home and later recorded her statement concerning the incident.
5. PW3- Evans Endesia testified that he is the Chief of Izara Location within Sabatia Sub- County Vihiga, County. He stated that he knew Dianah Kavosi as she was living in his area and that he knew only one (1) accused person. He testified that he knew Lucy Lozenja, the 2nd Accused because she lived in
his area. He stated that on 21st December 2021 at about 6.05 p.m, he got a call from one of the Nyumba Kumi people being Florence Mandu (PW2) who told him that the deceased had been covered with a blanket and her legs had been tied and she was dead. He stated that he found a crowd of people both inside and outside the house where he removed them from the house and confirmed that the deceased had been covered with a blanket, the hands and legs had been tied to the back with a red and yellow manilla and there was a blood stained rolling pin for chapatis. He further added that there were blood stains on the tiles and notified the OCS of Kilingili Police Station and the ACC Chavakali followed and he showed them the deceased. It was his testimony that the deceased was lying on the floor and she had been covered with a checked blanket which had several colors, red boxes. He testified that he could remember the blanket marked as MF1-A, rolling pin that was blood stained marked as MF1- 2 A and B. PW3 testified that there were manilla strings that had been used to tie the deceased and he looked at the deceased body before he called the others. He added that the deceased was very old and there was no tussle. He stated that that is the way the deceased has been tied and made reference to the deceased home, the injury that he saw on the deceased body and how the floor was blood stained. It was his testimony that it was long time ago and the deceased was dressed because it was in the morning and that he only saw her barefoot. He added that the police and their normal investigators took photos, untied the deceased and took her to Kaimosi Mortuary and that he did not accompany them. It was PW3’s testimony that he recorded his statement.
6. PW4- Clarance Luvai Mudanya testified that on 21st December 2021, while attending to his transport business in Kakamega, he received a telephone call from his mother, Alice, informing him that his grandmother, Deina Kavosi, had been found murdered at her home in Elwanda Village. He immediately travelled to the deceased’s home where he found a crowd gathered and local administrators, including the Assistant Chief and Chief, together with police
Officers and DCI Officers at the scene. Before the police commenced their investigations, PW4 entered the deceased’s house and observed the body lying in the bedroom with both hands and legs tied using red and yellow sisal-like strings. He further observed that the deceased’s head had been covered with a blanket, there were blood stains on the floor, wall and mosquito net, and a rolling pin stained with blood was lying near the body. He stated that after the police processed the scene and removed the blanket, he saw that the deceased’s neck had been tied with a leso and a sweater, suggesting that she had been strangled, and that there were visible injuries on her forehead and head. The body was thereafter removed to Kaimosi Jumuia Hospital Mortuary. PW4 further testified that while at the mortuary, his mother received a call from an individual using the deceased’s mobile phone number. The caller identified himself as a Pastor and claimed that he had been present during the murder together with three other individuals. According to the caller, he had not participated in the killing but had recorded a video of the incident and demanded Kshs. 10,000/= in exchange for the video and other information concerning the perpetrators. The caller further alleged that one “Lucy” was the mastermind of the murder and mentioned two other individuals, namely Charles, the milkman, and a former servant known as Patty. PW4 stated that after the call, the caller sent a Safaricom number, 0701743631, through which the money was to be sent, and the family relayed this information to the DCI Officers for investigation. He further testified that he later attended the post-mortem examination and burial of the deceased and subsequently learned from investigators that a suspect had been arrested in possession of the deceased’s mobile phone and electoral identification card, leading to the arrest of other suspected accomplices. He thereafter recorded his statement with the DCI officers concerning the incident.
7. PW5- Dr. Adori Akalicha testified that he is a Medical Officer at Vihiga County Referral Hospital with nine years’ experience as a medical doctor and holds a Bachelor of Medicine and Bachelor of Surgery degree from Egerton University. He stated that he conducted a post-mortem examination on the body of Doina Kavesi on 23rd December 2021. Upon examination, he observed that the deceased was an African female of fair nutrition with post-mortem changes including rigor mortis and algor mortis. Externally, he noted multiple injuries comprising a sharp cut wound on the forehead, several rough-edged cuts on the head consistent with blunt force trauma, a nail-knee injury on the right knee, and lacerations on the labia. Internally, he observed scalp vessel injuries, bilateral labial lacerations, a fracture involving the parietal and occipital regions of the skull, brain contusion, mild extradural hematoma and subluxation of the cervical vertebrae C3 and C4. He formed the opinion that the cause of death was asphyxia secondary to severe head and cervical injuries resulting from an assault. He produced the post-mortem report dated 23rd December 2021 as an exhibit, which was marked Exhibit 9.
8. PW6- Alvin Mukilwa Mudanya testified that he is a teacher by profession and on 6th January 2022 at about 3:52 p.m., while attending a staff meeting at his school where he was serving as the Secretary, he received a telephone call from an unfamiliar number, 0762455645. Since he was occupied with the meeting, he did not answer the call but instead sent a text message informing the caller that he was in a meeting and would call back later. He thereafter switched off his phone to avoid interruptions. Upon completion of the meeting at around 5:46 p.m., he switched on his phone and noticed a text message indicating that the caller had attempted to reach him earlier. Shortly thereafter, the same caller telephoned him and addressed him by his name, Alvin Mugilwa. The caller informed him that he wished to reveal the identities of the persons responsible for the murder of his grandmother. As the caller began mentioning a person known as “Lucy,” PW6 interrupted him and demanded to know his identity. However, the caller declined to identify himself and instead asked PW6 whether he genuinely wished to know who had murdered his grandmother. PW6 responded that he did not wish to endure any further emotional pain arising from the incident, whereupon the caller expressed sympathy by saying “pole” and abruptly terminated the conversation. PW6 further testified that following the call, he reflected on past conversations he had had with his late grandmother during school holidays.
He recalled that his grandmother had previously informed him that a woman known as Lucy, whom he described as his aunt from his step-grandmother’s side, had on several occasions attempted to harm her and had allegedly even consulted witch doctors against her. According to PW6, his grandmother had told him that it was only through her strong faith that she had survived those alleged attempts. After the telephone conversation, PW6 contacted his brother, Dr. Nixon Serede Mugilwa, informed him of the call and forwarded the caller’s number to him. He also informed his mother, Alice, of the incident. His mother advised him that should the caller contact him again, he should remain calm, listen carefully to the information being provided and, if possible, record the conversation. However, the caller never contacted him again. PW6 further stated that after the call ended, he sent a text message to the caller at about 6:08 p.m. on the same day, which read: “Mungu tunaye mwamini halali, yeye ndio muweza yote na atatupigania.” He later accompanied his family members to the DCI Offices at Sabatia on 21st January 2022, where he recorded a statement concerning the foregoing events.
9. PW7 – No 79667 Sergent Mark Arawo testified that he was the Investigating Officer attached to DCI Sabatia and was assigned to investigate the murder of Deina Kavosi. He stated that on 21st December 2021, after receiving information from the then DCIO and OCS Kilingili, he proceeded to the deceased’s home at Elwanda Village, Munoywa Sub-location, where he found the scene secured by Police Officers and Local Administrators. Upon entering the deceased’s bedroom, he observed the deceased lying on the floor with her hands and legs tied behind her back using orange and maroon ropes, her neck tied with a leso and sweater, and her upper body covered with a blanket. He further observed blood stains on the floor, walls, and mosquito net, clothes scattered on the floor, and a blood-stained chapati rolling pin beside the body. Photographs of the scene were taken before the body was untied and removed to Kaimosi Mortuary. During investigations, he established that the deceased’s phone, Safaricom No. 0727704463, had been stolen from the scene. While at the mortuary, the deceased’s daughter, Alice Kanguha (PW1), received a call from a person using the deceased’s phone who introduced himself as a Pastor and claimed that he was among four individuals present during the murder. The caller alleged that they had been hired by Lucy Lozenja to obtain the deceased’s title deed and demanded Kshs. 10,000 in exchange for information, a video recording of the incident, blood samples, and the deceased’s phone. Subsequently, the caller directed PW1 to send the money through Safaricom No. 0701743631, which investigations revealed had been registered in the name of Phylloice Kayalo Lichienga. PW7 testified that through mobile phone tracking and analysis, police traced the deceased’s line 0727704463, the Safaricom line 0701743631 and an Airtel line 0762455645, which had also been used to contact Alvin Mugilwa Mudanya (PW6) and another family member while demanding money in exchange for information concerning the murder. Investigations led Officers to Viyalo where they arrested the 1st Accused, Geoffrey Kibunja Vunziru and recovered from his possession the deceased’s mobile phone, the deceased’s SIM card 0727704463, the Airtel line 0762455645, the deceased’s voter’s card, and the identity card used to register 0701743631. Upon interrogation, the 1st Accused implicated his co-accused namely Lucy Lozenja (2nd Accused), Charles Ndori (3rd Accused), and Patrick Osuku alias Patty (4th Accused), alleging that Lucy had orchestrated the murder due to a land dispute involving the deceased’s title deed. The witness subsequently arrested the other accused persons and subjected the male accused persons to DNA sampling following the post-mortem findings suggesting possible sexual assault. However, the Government Chemist’s Report dated 13th October 2022 ruled out the allegation of gang rape. PW7 further testified that he recovered and produced numerous exhibits before the Court including the blanket covering the deceased (Exhibit 1); orange and maroon ropes used to tie the deceased (Exhibits 2A and 2B); blood-stained leso (Exhibit 3); brown checked sweater used in strangulation (Exhibit 4); blue blood-stained dress (Exhibit 5); black petticoat (Exhibit 6); blood-stained chapati rolling pin (Exhibit 7); photographs of the crime scene and the deceased (Exhibits 8A–8F); the deceased’s Nokia 7A mobile phone (Exhibit 10); the deceased’s voter’s card (Exhibit 11); the 1st Accused’s identity card (Exhibit 12); Airtel SIM card No. 0762455645 (Exhibit 13); the deceased’s SIM card No. 0727704463 (Exhibit 14); the inventory form dated 9th January 2022 signed by the 1st Accused and his wife (Exhibit 15); exhibit memo forms relating to vaginal swabs, fingernail samples and buccal swabs (Exhibits 16A–16D); and the Government Chemist Report dated 13th October 2022 (Exhibit 17). He concluded that the investigations, witness statements, telephone communication analysis, recovered exhibits and forensic evidence connected the four accused persons to the murder of the deceased, leading to their arrest and Prosecution before the Court.
10. This Court vide its Ruling dated 16th July 2025 found that the having considered the evidence of the Prosecution witnesses, a prima facie case had been established against the 1st, 2nd, 3rd and 4th Accused Persons herein to warrant them being put on their defence. Consequently, the Accused Persons were put on their defence.
11. The Defence called 4 witnesses against their charges of murder of one Deina Kavosi.
Defence Case Summary
12. DW1- Geoffrey Kibunja Onziru testified that he was a casual labourer who occasionally worked for the deceased, Deina Kavosi, whenever she required assistance. He stated that on the evening of 20th December 2021, the deceased called him and requested him to report to her home the following morning to assist with some work. Consequently, on 21st December 2021 at dawn, he proceeded to the deceased’s homestead where he found two cows outside, the door open and the radio playing. Upon knocking severally and receiving no response, he entered the house and observed a jug of milk beside the radio and the deceased’s mobile phone inside a pouch. He then peeped into an adjacent room and saw blood stains on the walls and floor and a person lying on the floor covered with a blanket from the head to the stomach area. He became alarmed and, fearing the implications of the situation, took the deceased’s mobile phone with the intention of contacting her relatives. He testified that he first attempted to call a number saved as “Serede” (0720406051) but the call did not go through. He then called another contact saved as “Elvini,” who informed him that he was in a school meeting before disconnecting the call. Thereafter, he called Alice Mudanya through mobile number 0726161677 and informed her that her mother, Deina Kavosi, had been killed. He stated that Alice instructed him not to switch off the deceased’s phone and promised to contact him after reaching her mother’s home. Later, at around noon, he again spoke with Alice, who informed him that the deceased’s body had been taken to Kaimosi Mortuary and requested him to retain the phone for collection. He maintained that he never demanded money from the deceased’s family and denied making any requests for payment in exchange for information regarding the deceased’s death. DW1 further testified that on 9th January 2022, two individuals visited his home, identified themselves as children of the deceased and requested him to narrate what had transpired. He handed over the deceased’s mobile phone to them, after which they gave him Kshs. 200 to buy sugar. However, after his physically challenged wife entered the room, the visitors identified themselves as Police Officers, handcuffed him and conducted a search of his house. The officers recovered his identity card, mobile phone and Inua Jamii card before escorting him to the DCI offices at Sabatia. He alleged that while at the DCI offices he was interrogated by the Investigating Officer, Sergeant Rao PW7, who subjected him to threats and coercion and demanded that he admit involvement in the offence. He stated that he was presented with the names Lucy Lozenji, Charles Ndori and Patrick Usuku and was compelled to acknowledge knowing them, though he insisted that he never witnessed any of them kill the deceased. He explained that he knew Charles Ndori as a neighbour, Lucy Lozenji as the deceased’s daughter from another home and Patrick Usuku as a person who had previously worked at the deceased’s home. He testified that the three accused persons were later brought before him individually by the police. DW1 maintained that he arrived at the deceased’s home after the offence had already been committed and that the only link between him and the incident was the deceased’s mobile phone, which he had retained solely to notify her family members. He denied participating in the murder, denied sexually assaulting the deceased, denied making any confession voluntarily and denied demanding money in exchange for information. He further denied knowledge of any voter’s card belonging to the deceased as alleged by PW7 and reiterated that he had worked at the deceased’s home for approximately two years as a casual labourer but was not sufficiently familiar with all aspects of her homestead. He concluded by asserting that he was innocent, that he had merely acted as a good Samaritan in attempting to contact the deceased’s relatives, and that he continued to deny all the charges preferred against him.
13. DW2- Lucy Lozenja testified that she was a resident of Ilunada Village and earned a living through casual labour. She stated that on 20th December 2021, she spent the day attending to her household chores and later attended a committee meeting at the home of Joseph Ngereso from about 2.00 p.m. until 7.00 p.m. in preparation for a teacher’s retirement ceremony scheduled for the following day. After the meeting, she returned home, had supper and retired to bed. On the morning of 21st December 2021, while sweeping outside her house, she heard Charles Ndori and Jane Khamadi discussing an incident involving the deceased, Deina Kavosi. Upon inquiring, Charles informed her that they had received information that Mama Deina had been killed. Together with Charles and Jane, she proceeded to the home of Florence Ingishia Mandu PW2, who was a village elder and her neighbour. Florence intended to travel to inform the deceased’s daughter, Alice, but DW2 advised her that Chavakali was far and offered to provide Alice’s telephone number. Florence subsequently called Alice and informed her of the incident, although she had not yet confirmed the death personally. DW2 testified that she, Charles Ndori, Jane Khamadi and Florence Mandu thereafter proceeded to the deceased’s home where they found a large crowd gathered. Upon entering the house, she observed the deceased lying in her bedroom covered with a blanket from the head to the waist, with only the legs visible. She noticed that the deceased’s legs were tied with a rope. She stated that Florence Mandu immediately contacted Chief Evans Indesia (PW3), who instructed them not to interfere with the scene and informed them that police officers had already been notified. Shortly thereafter, Alice PW1 arrived at the scene screaming and distressed. The Assistant Chief, the Chief and police officers from Kilingili subsequently arrived, entered the house and commenced investigations. DW2 further testified that on 9th January 2022, after returning from church at about 7.00 p.m., she was arrested by police officers who were accompanied by Charles Ndori, who was already handcuffed. She was taken to Mudete Police Station, where she was informed that she was suspected of having planned the murder of the deceased and was allegedly captured in a video committing the offence. She denied the allegations and stated that she had never participated in, planned or conspired with anyone to kill the deceased. She acknowledged knowing the 1st Accused person, whom she knew as a former worker in a neighbouring home, but denied any involvement with him in the commission of the offence. Regarding the issue of land, DW2 testified that she had been accused because of a land dispute involving the deceased. She explained that Geoffrey Kibunja DW1 had alleged that she had sent him to obtain a title deed. She denied the allegation and stated that after her father's death, succession proceedings were necessary to establish ownership of the family land and address a dispute involving a neighbour claiming part of the property. She conducted an official search at the Lands Registry and produced a Certificate of Official Search dated 23rd December 2011, which showed that the title deed remained at the Lands Registry. The said Certificate of Official Search dated 23rd December 2011 was produced as Defence Exhibit 1 DExh-1. She further testified that the deceased had requested her to remove a caution she had lodged against the land and that both of them appeared before the Land Registrar to explain their respective positions. The Land Registrar subsequently referred them to the area Chief, Zakaria Mwangala, for resolution of the dispute. DW2 maintained that no evidence had been presented before the Court linking her to the murder of the deceased and urged the Court to find that she had been falsely implicated due to the underlying land dispute.
14. DW3- Charles Ndori testified that he was a resident of Iluanda Village in Sabatia Sub-County, Vihiga County, and earned his livelihood through poultry keeping and small-scale business activities. He stated that in December 2021, the deceased, Deina Kavosi, visited his grandfather’s home and requested that he assist her in milking her cows because of her advanced age and until she could secure a permanent worker. He agreed and thereafter milked her cows every morning and evening. He testified that on the evening of 20th December 2021, at about 7.00 p.m., he went to the deceased’s home to milk the cows. He did not find the deceased but, as was customary, he entered the house through the kitchen, milked the cows and left the milk on the kitchen table before departing. He stated that he did not see the deceased that evening. DW3 further testified that on the following morning, 21st December 2021, he returned to milk the cows and found that the milk he had left on the table the previous evening was still untouched. This aroused his suspicion that something was amiss. He then went to the home of Jane Ondisa Khamadi, a neighbour of the deceased, and informed her that he had not seen Mama Deina and that the milk left the previous evening remained untouched. Jane informed him that she had not seen the deceased either but agreed to accompany him to the deceased’s home. Upon arriving there, Jane entered the deceased’s bedroom and shortly thereafter informed him that Mama Deina had died. The two then proceeded to the home of Florence Ingishia Mandu PW2, who was the area Nyumba Kumi elder, to report the incident. On the way, they encountered Lucy Lozenja DW2 near her home and informed her of what had happened. DW3 testified that Florence Mandu sought to notify the deceased’s children, and Lucy Lozenja provided the telephone number of Alice Mudanya PW1. Florence subsequently contacted Alice and informed her of the incident. Thereafter, DW3, Jane Khamadi, Lucy Lozenja and Florence Mandu returned to the deceased’s homestead, where the incident was reported to the area Chief. Police officers later arrived, processed the scene and removed the deceased’s body to the mortuary. He stated that after the death of the deceased, he continued milking the cows and looking after them until 1st January 2022, when one of the deceased’s children sent him Kshs. 1,000/= as appreciation for his assistance. DW3 further testified that on 9th January 2022, he was arrested in connection with the death of the deceased. He informed the Court that Jane Ondisa Khamadi, who had accompanied him to the deceased’s home and witnessed the events of 21st December 2021, had since passed away after recording a statement with the police. He requested the Court to consider her statement in support of his defence. He similarly referred to the statement of Florence Ingishia Mandu PW2 and urged the Court to consider it as it corroborated his account of how the deceased’s body was discovered and the subsequent reporting of the incident. Throughout his testimony, DW3 maintained that he merely discovered the unusual circumstances surrounding the deceased’s disappearance, reported the matter through the appropriate channels and had no involvement whatsoever in the death of the deceased.
15. DW4 - Patrick Osuku testified that he was the fourth accused person in the case and denied any involvement in the murder of the deceased. He stated that he had worked for the deceased from August 2018 until 7th January 2020 when he left her employment and relocated to Kabras in Kakamega County in search of better opportunities. According to him, after leaving the deceased’s homestead, he neither visited her nor communicated with her by telephone. He testified that he was arrested on 18th January 2022 at Kagoi Corner and only came into contact with his co-accused persons after his arrest. He stated that he knew the second accused, Lucy Lozenja, as the d
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