Republic v Nyawa & 2 others [2022] KEHC 14685 (KLR) | Murder Charge | Esheria

Republic v Nyawa & 2 others [2022] KEHC 14685 (KLR)

Full Case Text

Republic v Nyawa & 2 others (Criminal Case 3 of 2019) [2022] KEHC 14685 (KLR) (19 October 2022) (Judgment)

Neutral citation: [2022] KEHC 14685 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 3 of 2019

A. Ong’injo, J

October 19, 2022

Between

Republic

Prosecution

and

Salim Kalimbo Nyawa alias Msanii

1st Accused

Ernest Urunzi Murabu alias Ndegwa

2nd Accused

Mwanaidi Chimako

3rd Accused

Judgment

Introduction 1. The accused persons Salim Kalimbo Nyawa alias Msanii, Ernest Urunzi Murabu alias Ndegwa and Mwanaidi Chimako face a charge of murder contrary to section 203 as read with section 204 of the Penal Code cap 63 of the laws of Kenya.

2. The particulars are that on the January 20, 2019 at Mwanyanje Village, Kisemeni Location in Lunga Lunga Sub-County within Kwale County jointly murdered Adam Kimani Gichamba. The prosecution called 11 witnesses to support its case that the accused person committed the offence herein. The prosecution filed submissions on case to answer and the accused persons were placed on defence.

Prosecution Case 3. PW1, Jummanne Ruwa Mwangula also known as Jummanne Madigwana Ruwa stated that Salim Kalimbo Nyawa, the 1st accused, is known to him since childhood, and identified him in court. PW1 also stated that Ernest Urunzi Murabu, the 2nd accused, is his grandfather, and identified him in the dock. PW1 stated that Mwanaidi Chimako, the 3rd accused, is a friend to the 1st accused, and identified her in court. PW1 stated the deceased was his neighbor and that prior to January 20, 2019, he went to the 1st accused’s home but did not find him but found his wife. While at the 1st accused’s home, the 3rd accused told him that there was a deal she had been given to cut someone but when PW1 asked who the person is, the 3rd accused did not tell him. That the 3rd accused said that she was to be paid Kshs 15,000 and one cow. PW1 stated that on January 19, 2019 at 8. 00 pm, PW1 went to the 1st accused’s home who asked to be taken to the 2nd accused’s home. That the 1st Accused had a motorbike which they used to go to the 2nd accused’s home.

4. PW1 further stated that later, the 1st accused asked to be taken to Kwanyanje to buy sugar. PW1 told him that it was already midnight and there was no shop that was open but the 1st accused insisted and said that he was going to wake up the shopkeeper. PW1 stated that as usual, the 1st accused was armed with a panga. That they went on foot and when they arrived at Kwamsara, they met a young man by the name Jengwa who works at Mzee Ndolo and when they reached Jengwa’s place, he branched off and went to his house. PW1 stated that when they reached Mzee Ndolo’s house, the 1st accused went to the back of the house and PW1 remained in the front of the house. That the house is semi-permanent and it has slabs where people can sit and there was someone who was sleeping in the verandah in front of the house. PW1 stated that he did not know who was sleeping as it was at night. That PW1 went and sat some distance away from the person who was sleeping. PW1 stated that while he was seated, the 1st accused went and stood between him and the person who was sleeping and suddenly PW1 was startled by a loud noise that sounded like someone had cut a cemented floor. PW1 stated that the 1st accused then took to his heels and PW1 also started running up to his home as he did not know what had happened. PW1 stated that when he reported, he was given the duty to investigate and establish where the 1st accused was and that he was not at home but went back after 4 days and when PW1 learnt of his return, he reported and the 1st accused was arrested. PW1 stated that he recorded his statement at Lunga Lunga Police Station.

5. PW2, Mulinge Kilunga Mwai, stated that he is a shopkeeper and a balozi in Mwanyanje Village. He stated that the 1st accused, 2nd accused and 3rd accused are known to him as they come from the same village. PW2 then identified the three accused persons in the dock. PW2 stated that the 3rd accused is the wife to the 1st accused while the deceased is the son to the 2nd accused’s employer. That on January 20, 2019, on a Sunday at about 6. 00 am, a young man by the name Kipaa Nzao went and informed PW2 that Kimani had been cut at Ndolo’s verandah and he had died. PW2 went and confirmed that the deceased had been cut on the ear on the right side of the head. PW2 stated that he made a telephone call to the chairman by the name Ndolo who informed PW2 to wait at the scene as he made a call to Lunga Lunga Police Station. That at 10. 00 am, the police went and took the body of the deceased to Msambweni Hospital Mortuary.

6. PW2 further stated that on January 21, 2019, Jummanne Ruwa, Msafiri Gona and Gona Mangale went to him at the shop and informed him that the three accused persons were involved in the murder of the deceased. That PW1 was with the 1st accused when he cut the deceased with a panga. That PW1 was with the 1st accused when he went to buy sugar and found Kimani sleeping on the Verandah and that the 1st accused suddenly produced a panga, cut the deceased and ran away. PW2 stated that he advised Jummanne to be on the lookout for the 1st accused and inform PW2 when he returns home. PW2 stated that on January 22, 2019 at 6. 00 pm, PW1 went to the shop and informed him that the 1st accused was at home. PW2 then reported to the vice chairman Mwaruwa Mwangolo. PW2 informed PW1 to go back to the 1st accused’s place and stay with him until he is arrested. PW2 stated that at around 7. 00 pm, he went with the vice chairman to the 1st accused’s home and arrested him together with his wife and took them to PW2’s home. They also went and arrested the 2nd accused and took him to PW2’s home then called the police from Lunga Lunga Police Station and took the three suspects. That on January 23, 2019, PW2 went and recorded his statement.

7. PW3, Ruwa Mwangola stated that he is the village chairman and has been in the village for 10 years. He stated that the three accused persons as well as the deceased are known to him as they are his neighbours. PW3 stated that the deceased was staying with the 2nd accused who was employed by the deceased’s mother. That on January 20, 2019, at about 6. 00 am, PW3 was at home when a young man by the name Kipaa Nzao went and woke him up and told him that someone had been killed at the shop of Mzee Ndolo. That when PW3 arrived at the scene, he found the deceased had been cut on the ear. That the house had a verandah which was used as a resting place. PW3 stated that he went and got the Assistant Chief and took him to the scene. He then made a call to the police who went to the scene, took photographs which are in court as Ex P1 (a)(b)(c). That the body was then taken to Msambweni Hospital Mortuary. That on January 21, 2019, a balozi by the name Mulinge went to him at 7. 00 pm and informed him that there is a young man who reported he knew who committed the murder. PW3 stated that he accompanied Balozi to his place where Jummanne told them that he knew it was the 1st accused who committed the murder. That they told him to be on the look and inform them when the 1st accused returns. PW3 stated that on January 22, 2019, PW1 told them that the 1st accused had returned. That PW3 went with his askaris and arrested the three accused persons. It was said that the 1st accused was paid by the 2nd accused to kill deceased. That the police went and rearrested the accused persons at 10. 00 pm and took them to the police station. PW3 stated that on January 23, 2019, he went to the police station and recorded his statement.

8. PW4, Pius Musyoka Mukiti, stated that the 1st accused is known to him and used to cut trees from the farm of the deceased herein. PW4 identified the 1st accused in the dock and that his wife was also in the dock. PW4 stated that the 2nd accused was the manager of the farm belonging to the deceased and that the 2nd accused used to receive pay for trees cut from the deceased person’s farm. PW4 stated that the 3rd accused was also working in the farm where the 2nd accused was managing. PW4 further stated that he was the chairman when the deceased’s mother bought the land in Kwanyanje village and she introduced the son to PW4. That on January 19, 2019 at about 8. 00 pm the 2nd accused and a young man went to him. That the 2nd accused called PW4 aside and asked for Kshs 1,000. That the 2nd accused had gone with a solar panel which he wanted to leave as security and that he had a problem to solve urgently. PW4 stated that he told him that he did not have money.

9. PW5, Mueni Namai stated that in January 2019, he went to the 2nd accused and asked him for a cow. That PW5 was given a small cow which he went to take care of. That in August, the 1st accused and the 3rd accused went and told PW5 that they had been sent by the 2nd accused to pick the cow but PW5 did not give them the cow. That they went away and the next day the 2nd accused, the 1st accused and the 1st accused’s brother went to PW5 and the 2nd accused told him that he was sick and wanted to sell the cow and go for treatment. PW5 stated that he looked for a buyer and sold the cow at Kshs 21,000. He was then given Kshs 4,500 for taking care of the cow and that was the last time PW5 heard any contact with the 2nd accused. PW5 stated that he later learnt of the death of the deceased and was required to go and record a statement.

10. PW6, Gona Mangale Kidot, stated that the 1st accused is known to him and as they come from the same village and they were friends. PW6 identified the 1st accused in the dock. PW6 stated that he also knew the 2nd and 3rd accused persons and identified them in the dock. PW6 stated that he knew the deceased who was staying where the 2nd accused worked and that PW6 sometimes worked at the farm. That on January 21, 2019 at 6. 00 pm, PW6 was coming from Somoko Village at Mzee Milia where he had gone to dig a pit latrine when he arrived in the village and found PW1 who told him that he had an issue that he wanted to tell PW6. That PW1 asked PW6 whether he knew who had killed the deceased. That PW1 told PW6 that it was the 1st accused who had killed the deceased. That PW1 told PW6 that he felt like running away but he was told not to run away as the issue was serious. PW6 stated that he accompanied PW1 to Balozi and vice chairman to report to prevent the 1st accused from repeating the heinous act. That when the 1st accused returned home, PW1 reported which led to the arrest of the 1st and 3rd accused. That the 2nd accused was arrested by members of the public. PW6 stated that he later went and recorded his statement at Lunga Lunga Police Station.

11. PW7, Msafiri Gona stated that the three accused persons are known to him and he identified them in the dock. PW7 also stated that the deceased Adam Kimani Gichamba is also known to him as he was his close friend. PW7 stated that on January 21, 2019, he went to the market in the company of Gona, PW6, to meet Jummanne who told them that the 1st accused woke him up and told him to escort him somewhere and that the 1st accused led him to Kwanyanje where they went to Kwa Ndolo’s rental house and that the house had a verandah with a slab-like bench. PW7 stated that PW1 told them that there was a person who was sleeping on the verandah whom the 1st accused cut and ran away. That he was woken up by a panga-like noise and he ran away. PW7 stated that PW1 feared and wanted to escape but he was told not to run away but report to Balozi and the chairman. That they escorted PW1 who went and reported and was told to be on the lookout and report once he spots the 1st accused. That this led to the arrest of the accused persons and that PW1 stated that the 2nd accused hired the 1st accused to kill the deceased.

12. PW8, Omar Kazungu stated that the three accused persons are known to him and he identified them in the dock. PW8 stated that the 2nd accused person gave him two cows to take care of. That at one time the 2nd accused sold one cow as he had a problem to sort out and PW8 remained with one cow. PW8 stated that later when the deceased passed on, PW8 learnt that the killer was to be paid using the animal that he had remained with. That PW8 was later told by the chairman to go to Lunga Lunga Police Station and record a statement about the animal that was in his custody.

13. PW9, No 80433 PC Richard Bor under DCI Lunga Lunga performing general investigations duties stated that he was the investigation officer herein. PW9 stated that on January 20, 2019 in the morning, Chief Inspector Muli called him on phone and informed him that there was an incident of murder that had occurred in Kwanyanje area. That PW9 met the DCIO, OCPD and other officers at the station and they proceeded to the scene which was about 12 kilometers away. That on arrival, they found a crowd of people had gathered and there was a dead body outside the shop. That the body had an injury on the right side of the head near the ear and on inquiry they were told that the deceased was Adam Kimani Gichamba. PW9 stated that they did not get any weapon that might have been used in the murder at the scene and photographs were taken. That after interrogations, from the members of the public, they learn that the deceased had been seen the previous night while drunk.

14. PW9 stated that they took the body to Msambweni Sub-County Referral Hospital Mortuary. PW9 stated that investigations commenced and they arranged with family members to conduct post-mortem. That on January 21, 2019, Brenda- the deceased’s daughter, Christopher Tito- the brother to the deceased and Margaret Nyambura- the sister to the deceased identified the body for postmortem. That the postmortem report was in court MFIP2. That on January 22, 2019, the recorded statements of witnesses and in the evening of the same day, they got information from Kwanyanje that there were suspects who had been arrested in relation to the murder. PW9 stated that in the company of his team, they proceeded to Kwanyanje Trading Centre where they found members of the public had made 3 people to sit down on the ground. PW9 stated that they were given names of suspects as Salim Kalimbo Nyawa alias Msanii, Ernest Urunzi Murabu alias Ndegwa and Mwanaidi Chimako. That the three suspects were rearrested and and escorted to Lunga Lunga Police Station.

15. PW9 further stated that when interrogations were conducted, the 3rd accused said that it is the 2nd accused who approached her to kill the deceased. That she also stated that she was paid Kshs 15,000 to look for the killers. On January 24, 2019, they went to Kwale Law Courts to seek more time detain the suspects to conduct more investigations. PW9 stated that on January 25, 2019, they went to conduct investigations in the house of the 2nd accused where they recovered a phone make Itel Serial Number xxxx and Safaricom line No 0701xxxxxx and on investigation, they found that the said items had no relevance. That the weapon used in the offence was not recovered. PW9 stated that they recorded statements of witnesses and arraigned accused persons in court for the offence of murder and he identified the accused persons as the ones in the dock. That members of the public effected arrest and PW1 let to the arrest of the suspects when he revealed that he saw A1 commit the murder. PW9 stated that he also interrogated the 2nd accused in the office and he asked whether the matter could be concluded in the office.

16. PW10, Dr Rahma Salim from Msambweni County Referral Hospital stated that he was standing in on behalf of Dr Kalicha who was away for further studies and that they had worked together for 5 years. PW10 stated that he had a postmortem report filed by Dr Kalicha and that PW10 could recognize the handwriting and signature as that of Dr Kalicha and wished to submit the same. PW10 stated that a postmortem was conducted on the body of Adam Kimani Gichamba on January 22, 2019 and the body had no clothes. That the body was of a male adult aged about 53 years, good nutrition and the body had undergone regamortise. That externally, the body had deep cut wound on left temporal area extended to right eye and occipital region. PW10 stated that internally, all organs were normal save for the head which had deep cut wound. In conclusion, PW10 stated that Dr Kalicha found that the cause of death was head injury secondary to deep cut wound on the head. That the body was escorted by PC Richard Bor and identified by Brenda, Nyambura and Christopher. PW10 stated that the postmortem report has the hospital stamp and signature of Dr Kalicha and PW10 produced it as ExP2.

17. PW11, No 60026 CPL Emmanuel Kondo attached to CID Crime Scenes Investigations Mombasa County Gazette Notice No 5852 issued on August 31, 2001. PW11 stated that in 2019, he was attached to DCIO Kwale where he was performing Crime Scene investigation duties. That on February 11, 2019, at 2. 00 pm, he was in the office when he received a DVD together with 3 photographs accompanied by exhibit memo form which had been taken by PC Richard Bor from Lunga Lunga. PW11 was requested to certify the three photographs and certify them for the use as exhibits in court. PW11 stated that he did receive the photographs and certified them. He then confirmed that the photographs had been printed from the disc presented to him. That the photos showed the body of the deceased lying in full length, close view of the body showing injuries at the back of the neck near the right ear, and a close view of the body. PW11 produced the photographs and certificate as EXP1 (a)(b)(c), the exhibit memo forms and certificates as EXP3 (a) & (b).

Defence Case 18. The 1st accused, Salim Kalimbo Nyawa gave sworn statement by stating that on January 19, 2019, he was in Likoni, Mombasa County to buy deras for selling in Mwezamwenje and Mabambarani. That on January 20, 2019, he was in Mwezamwenje selling deras. The 1st accused stated that he has been charged with the offence of murder and that the deceased was known to him and that he used to see him whenever he went to sell clothes and that he did not have a close relationship with him. The 1st accused stated that Ruwa was known to him and he could call him to take clothes to him whenever there was a wedding. That PW1 was known to him because of Ruwa, and that Ruwa is the father of PW1. The 1st accused stated that on January 19, 2019, at midnight, the 1st accused was still in Likoni and that he went to Mwezamwenje on January 20, 2019. He stated that he got the report about death of the deceased when he was arrested. That when he got to Mwezamwenje, Ruwa called and asked for deras. That the 1st accused went to Ruwa’s on January 23, 2019 and he was told to wait for Ruwa who was to take him to the people who wanted deras. That while they were there at 7. 00 pm, the chairman and the youth from the village went and apprehended him and took him to the police station where he was charged with the offence of murder. The 1st accused further stated that the 2nd accused is known to him and that he used to see him in Mabambarani, that he has never worked for the 2nd accused, they are not friends and that he has never been paid any money by anyone in that village and that it is only Ruwa that is well known to him. The 1st accused stated that he has never conspired with the 2nd accused to kill anyone.

19. The 2nd accused, Ernest Urunzi Murabu alias Ndegwa stated that on January 20, 2019 at 6. 00 am, he was at home when Mwadume went and knocked on his door and told him the person he stays with had been killed. The 2nd accused stated that he boarded a motorbike to go to where the deceased had died, at Kwanyanje village at Mzee Ndolo’s home. He stated that he had been told that they woke up and found Adam had been killed on the verandah of the shop. The 2nd accused stated that he last saw the deceased alive on January 19, 2019 and there were no differences between him and the deceased. That whenever they woke up, they would greet each other and exchange pleasantries before leaving to go work. The 2nd accused stated that PW1 is known to him, he is a young boy and had no business dealing with him. That the 1st accused is also known to him but he had no business with him as he was a farmer while the 1st accused was selling deras.

20. The 3rd accused, Mwanaidi Chimako stated that the deceased was known to her though they stay in different villages. That on January 20, 2019, the 3rd accused was in the house when she sent Amina to go and buy sugar and when she arrived at the shop, she found a crowd and she was not able to buy sugar. That Amina saw Kimani lying down at the shop verandah. That Kimani used to play with children and the 3rd Accused daughter knew him. That the 3rd accused went to the shop and found Kimani had died. That she remained at the shop until the police went and collected the body. The 3rd accused stated that it is not true the 1st and 2nd accused conspired to kill the deceased. That she does not have money or cattle, she is a hustler and stays alone with her children. She stated that she has never sat with PW1 and agreed that she would pay him to kill the deceased. That the 2nd accused used to stay at the farm of Adam. The 3rd accused stated that the 1st accused is known to her as they had three children together but they separated. The 3rd accused stated that she was arrested by the deputy chairman, that he called her at night and when she accompanied him he found the 1st accused had been tied with ropes and after a short while, the 2nd accused was brought by a motorbike and that it is not true that she recorded a statement with the police.

Analysis And Determination 21. In consideration of the evidence of 11 prosecution witnesses and in consideration of the defence witnesses’ sworn statements, this court is to determine whether the ingredients of the offence of murder as provided for under section 203 of the Penal Code chapter 63 of the laws of Kenya have been proved beyond reasonable doubt by the prosecution.

22. Section 203 of the Penal Code chapter 63 of the laws of Kenya under which the accused person was charged provides as follows: -‘Any person who of malice aforethought causes death of another person by an unlawful act or omission is guilty of murder.’

23. The said provision creates elements of the offence of murder that must be proved by the prosecution beyond reasonable doubt as held in the case of Anthony Ndegwa Ngari v Republic [2014] eKLR to include:-i.That the deceased died;ii.That the death was caused by an unlawful act or omission;iii.That the accused person directly or indirectly participated in the commission of the alleged offence; andiv.That there was malice aforethought.

Death Of The Deceased 24. PW2, PW3 and PW9 witnessed the lifeless body of the deceased lying on the verandah of a shop at Kwanyanje area with a cut on the left ear. The body was later taken to Msambweni Hospital Mortuary where Dr Kalicha conducted a postmortem and PW10, Dr Rahma Salim produced the said Postmortem Report which confirmed the death of the deceased. Death of the deceased is therefore not disputed.

Death Was Caused By An Unlawful Act Or Omission 25. The postmortem report produced by Dr Salim shows that the deceased had a deep cut wound on the left temporal area extended to the right eye and occipital region. It was concluded that the cause of death was head injury secondary to deep cut wound on the head. Evidence of PW1 also confirms that the deceased was cut. The injuries were not self-inflicted and they were not accidental. It is no doubt therefore that the cause of death was through an unlawful act.

Participation Of The Accused In The Commission Of The Alleged Offence 26. When PW1 and the 1st accused were going to the shop at midnight to allegedly buy sugar, the 1st accused was armed with a panga as usual. PW1 said the 1st accused went to the verandah and stood between him and the person who was lying down and he suddenly heard the loud noise of something that had been cut which sounded like the cemented floor had been cut with a panga and the 1st accused immediately took off and he also followed because he did not know what had happened. When the deceased was found dead at the scene where PW1 and the 1st accused were at night, PW1 reported that it was the 1st accused who killed the deceased.

27. According to PW1, he had learnt that the 1st accused had been hired to kill someone at a fee of Kshs 15,000 and one cow one week prior to the incident but it was not disclosed to him who was to be killed and he did not take it seriously. On the material night of the murder, the accused persons worked closely together to secure the blood money. PW1 took the 1st and 3rd accused to the home of the 2nd accused and although he did not know what they talked about, he was instructed to take the 2nd accused to PW4’s home where he asked the PW4 for Kshs 1000 and he had a solar panel as security but PW4 did not have the money. PW1 was again made to take the 2nd accused to Mzee John on the same night and it is suspected he was still looking for money to pay the hired killers but he did not get the money.

28. PW5 testified that he learnt of the death of the deceased shortly after the 1st and 3rd accused persons had gone to him saying that the 2nd accused had sent them for a cow but he refused to give them the cow and subsequently the 2nd accused in the company of the 1st accused and his brother went claiming they wanted to sell the cow and go for treatment. PW5 sold the cow at Kshs 21,000 and gave the 2nd accused proceeds less Kshs 4,500.

29. The errands that PW1 was made to run by the accused persons on the material night preceded the murder of the deceased within hours. PW1 said he wanted to go home after the 3rd accused had served them with a meal at about midnight but the 1st accused insisted that he should take him to the shop to buy sugar.

30. The circumstances surrounding the interactions of the accused persons and the errands ran during that night shortly before the murder of the deceased only goes to prove that the accused persons had a meeting of mind and/or consensus to murder the deceased.

Malice Aforethought 31. Section 206 of the Penal Code defines malice aforethought as follows: -“Malice aforethought shall be deemed to be established by evidence proving anyone or more of the following circumstances:-(a)an intention to cause the death of or to do grievous harm to any person, whether that person is the person actually killed or not;(b)knowledge that the act or omission causing death will probably cause the death or grievous harm to some person, whether that person is the person actually killed or not, although such knowledge is accompanied by indifference whether death or grievous bodily harm is caused or not, or by a wish that it may not be caused;(c)an intent to commit a felony;(d)an intention by act or omission to facilitate the flight or escape from custody of any person who has committed or attempted to commit a felony”.

32. On the element of malice aforethought in respect to section 206 of the Penal Code, the court held as follows in the case of Isaac Kimathi Kanuachobi v R [2013] eKLR: -“There is express, implied and constructive malice. Express malice is proved when it is shown that an accused person intended to kill while implied malice is established when it is shown that he intended to cause grievous bodily harm. When it is proved that an accused killed in further course of a felony (for example rape, a robbery or when resisting or preventing lawful arrest) even though there was no intention to kill or cause grievous bodily harm, he is said to have had constructive malice Aforethought.”

33. The elements to prove malice aforethought were settled in the case of Ernest Asami Bwire Abanga alias Onyango v R (CACRA No 32 of 1990) where the Court held:“the question of intention can be inferred from the true consequences of the unlawful acts or omission of the brutal killing, which was well planned and calculated to kill or to do grievous harm upon the deceased.”

34. The 1st accused found the deceased sleeping at the verandah of the shop and without any provocation or warning, hacked him to death. He used a sharp panga and aimed at a very delicate and vital part of his body when he was unaware and could not have saved himself. The deceased was killed in his sleep by the 1st accused who had conspired with his wife, the 3rd accused upon being paid by the 2nd accused, an employee of the deceased’s parent to kill him. The precision with which the offence was planned and committed is proof of the extent of malice on the part of the perpetrators.

35. In conclusion, this court find that the prosecution has proved its case beyond reasonable doubt. The accused persons are jointly found guilty of the offence of murder and are convicted accordingly.

DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 19TH DAY OF OCTOBER 2022HON LADY JUSTICE A ONG’INJOJUDGEIn the presence of: -Ogwel- court assistantMr Ngiri for the StateMr Otieno Advocate for the 1st accused person present1. Ms Musyoki Advocate holding brief for Ms Kipsang Advocate for the 2nd accused person2. Ms Musyoki Advocate holding brief for Ms Odhiang’ Advocate for the 3rd accused personAccused persons present in personHON LADY JUSTICE A ONG’INJOJUDGEMr NgiriI do not have past recordsMs MusyokiWe pray for a date for resentence report and mitigation.Orders:Mention on November 2, 2022 for mitigation, victim impact statement and sentence.HON LADY JUSTICE A ONG’INJOJUDGE