• On the day of the crime, a neighbour was going about her business when she heard a scream. She ran to the scene and found the deceased lying dead.
• One of the witnesses said the circumstances surrounding the deceased's death were traceable to a land dispute between him and one of the accused persons.
You shall not murder, this is a moral imperative appearing under the Ten Commandments in both Exodus 20:13 and Deuteronomy 5:17.
The point is to obey the commandments but as it is, human nature leans to the dark side, to disobey in general and to God.
This was the case on March 31, 2019, at Ngamani village in the Coastal region when Safari Karisa Ngalla and Peter Baya Nguwa jointly murdered Kahindi Iha.
On the day of the crime, a neighbour was going about her business when she heard a scream. She ran to the scene and found the deceased lying dead.
It was still daylight and she was able to recognise Karisa and Baya.
Before the offence was committed, an attendant at Mnazi Club received visitors who ordered Mnazi - a local brew - and shortly after, Iha arrived.
He asked the lady to prepare a meal as he proceeded to sit with the two men and started taking Mnazi.
At 3pm, the men left as the Mnazi in her premises got finished.
Sometime later when the meal was taken to the men's location, Iha was found lying on the ground.
The men's presence at the Mnazi Club was corroborated by two other witnesses.
One of the witnesses said the circumstances surrounding Iha's death were traceable to a land dispute between the deceased and Karisa.
He testified that the deceased had earlier on sold land to Karisa and recalled that on March 31, 2019, he saw the two partaking a drink at Mnazi Club.
Following his murder, police were notified and collected and transferred Iha's body to Kilifi County Hospital where postmortem was conducted.
Doctor Nyangi testified that the deceased's body had lacerations to the parietal region - one of human brain's five lobes.
Iha had also suffered compressed skull fracture involving the occipital region on the back of the head resulting in internal haemorrhage.
"The cause of death was determined to be traumatic brain injury with massive haemorrhage," court paper read.
In their mitigation before the High Court at Malindi, Karisa denied the events of March 31, 2019 as presented by the prosecution.
He said he was a charcoal dealer and on the material day, he went about looking for the commodity to purchase and hawk to his customers.
Baya recalled being in Karisa and Iha's company enjoying a meal together in addition to partaking of palm wine.
He further told the court that at or around 4pm, he left the place, took a motorcycle and went home leaving behind Karisa and the deceased to continue with the social evening activities.
He added that it was only later that he was informed about the deceased's death which he had nothing to do with.
The court deliberated the case and found that the prosecution's evidence was circumstantial.
It also heard that before his death, the deceased had no evidence of ill health or grievous bodily harm as he was enjoying the company of the accused (Baya and Karisa).
Further, the court noted that for circumstantial evidence to be applicable, the test must be a combination of facts creating a network through which there is no escape for the accused, because the facts taken as a whole do not admit or have an interference of guilt.
"Circumstantial evidence should not only be consistent with the guilt of the accused, but should be inconsistent with his innocence," the court said.
Judge Reuben Nyakundi noted that from the witnesses evidence, Baya and Karisa were at all material times with the deceased between Mnazi Club and subsequent scene of crime.
The doctor had also testified that Iha suffered compound skull fracture.
Justice Nyakundi said the intentional application of force to the deceased in a way occasioning grievous harm brought the prosecution's case within the scope of a murder committed with unlawful act or omission causing the death of the deceased.
"On this basis, the prosecution evidence as a whole in respect to the ingredient of unlawful acts has been proved beyond reasonable doubt," he said.
The judge also found that there was sufficient evidence supporting positive identification of the accused persons as the perpetrators of the offence of murder against the deceased.
He found them guilty of the same.
"Throughout the evidence given by the accused persons when weighed alongside the prosecution, I'm convinced that an offence of murder was committed and the ones to be held culpable are the accused persons. The result is that I find each of the accused guilty of the offence and do hereby convict as per the law established," the judge said.
While delivering the verdict on September 4, 2023, judge Nyakundi considered that Karisa had spent time in remand during the prosecution and conclusion of the criminal process.
"He was arrested on June 2019, and this has to be taken into account as provided under section 333 (2) of the Criminal Procedure Code," he said.
Baya, however, was out on bond during the period.
Judge Nyakundi sentenced both men to 20 years imprisonment with Karisa's term backdated to commence from June 17, 2019.
Baya's sentence took effect from September 4, 2023.