Samwel Pamba was found guilty on December 11, 2019 by Justice Kiarie Waweru of the High Court in Busia.
“From the evidence on record, I am satisfied that the prosecution has proved the offence of murder against the accused. I find him guilty and accordingly convict him for the offence of murder contrary to section 204 of the Penal Code,” ruled Justice Kiarie.
Pamba had been charged with murder of his brother Wilfred Egesa on May 31, 2017 at Munando village in Bukhayo West location of Busia County.
The prosecution said that Pamba and two others alleged that his brother was involved in witchcraft, and attacked and fatally injured him.
But Pamba claimed that his brother was found lying on a path wounded and denied any involvement in the attack.
The court was told that when the deceased was preparing for a bath outside his house, he asked his wife, Jennifer Nekesa, to eavesdrop on what his brother and the two others were saying about him.
Nekesa testified that she stood at her door and heard Pamba and Kizito Mangenyi and a nephew named Bossy insulting her late husband.
They accused her husband of having killed many people through witchcraft and using black arts to cause the accident of a man identified as Lawrence Wanjala.
They threatened to kill him but she persuaded them to talk it over the following, to which they agreed.
Later when Nekesa and her husband where in the house, Kizito called the deceased out and told him that he had a message for him.
When her husband went out, she testified that she heard Kizito tell him that his brother had asked him to stop witchcraft.
When the deceased asked him how he knew he practiced witchcraft, she heard the sound of something being hit and went out.
She found him sprawled on the ground with blood oozing from his head.
The accused, Kizito and Bossy were each armed with a club and were beating up her husband. She raised an alarm.
Kizito and Bossy ran away while the accused remained at the scene.
The club he had was wrestled from him by another brother, James, who gave it to their mother.
source https://www.ladunliadinews.com/2020/01/man-convicted-of-murdering-brother-over.html
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