Man Handed 35-Year Jail Term for Murdering His Aunt

The Court dismissed the appeal and upheld KRA’s objection decision, ordering each party to bear its own costs.

The Director of Public Prosecutions (DPP) has secured a 35-year jail term for Kevin Omondi Nyapietho, 31, from Kisumu after he was convicted of murdering his aunt, Gaudencia Otieno Aoko, following a domestic disagreement.

At the Kisumu High Court, Justice Joe M. Omido found Nyapietho guilty of murdering Aoko on February 21, 2023, at Kapuonja Sub-location in Kisumu West Sub-County within Kisumu County.

Meanwhile, the prosecution, led by Prosecution Counsel, Ms. Mercy Mutheu Muema, had charged Nyapietho with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code, Cap 63 Laws of Kenya.

“The prosecution called a total of six (6) witnesses, including a pathologist who, upon post-mortem examination, opined that the cause of death was severe head injury due to multiple lacerative wounds to the head,” DPP stated.

DPP Details Events Leading to Aunt’s Murder

According to the prosecution, Nyapietho scolded the deceased and his two children during supper, accusing them of intending to poison him.

He then left the deceased and his two cousins in the house, locking it from the outside.

Later that night, the convict returned and broke the door, which his secondary school-going cousin had also locked from inside.

“The convict later returned, breaking the door that had also been locked from inside by his secondary school-going cousin, and attacked the deceased with the jembe, striking her on the shoulder and head with its sharp side,” DPP stated.

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The deceased had taken in Nyapietho and assumed a parental role after the death of his parents, which left him orphaned.

Prosecution Presents Evidence Against Convict

After presenting submissions to prove each element of the murder charge against Nyapietho, the prosecution urged the court to find him guilty of murder contrary to Section 203 as read with Section 204 of the Penal Code and convict him accordingly.

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Justice Omido subsequently found that Nyapietho was the person who unlawfully assaulted Aoko and inflicted the injuries that caused her death.

“Hon. Justice Omido found that the convict was the person who unlawfully assaulted the deceased and inflicted the injuries that caused her death, affirming that the prosecution had proved beyond reasonable doubt all the essential ingredients of the offence of murder contrary to Section 203 of the Penal Code,” the DPP stated.

Following the conviction and sentence, Nyapietho was informed of his right of appeal against the conviction and sentence within 14 days.

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