A sad incident unfolded on March 23, 2019, when Peter Boke Nyamburi from Kubweye village found himself entangled in a deadly conflict with his half-brother, Samson Nyamburi Boke, over a family land disagreement.
On that fateful evening, around 4 pm, Samson, accompanied by their neighbor Chacha Mwita, was approached by a man interested in purchasing a piece of land.
As they returned from inspecting the land, they crossed paths with Peter, who inquired about their activities and became agitated upon learning the purpose.
An enraged Peter confronted his brother, questioning where Samson expected them to live if he sold the land. Samson, seeking to avoid confrontation, walked ahead, but Peter pursued him.
An observant elderly neighbor who acted as a witness closely followed the unfolding situation, only to find Peter on top of Samson, who was begging to be released.
Mwita attempted to mediate, but Peter rebuffed his efforts, even threatening to harm him. Disturbed by the situation, Mwita left the scene, later receiving news of Samson's death.
Returning to the site, he found Samson lifeless, lying face down beside a blood-stained stone, with evident head injuries.
This distressing account was substantiated by three additional witnesses who arrived after the incident. Among them was the village elder, who promptly notified the assistant chief.
It was revealed during the trial that Samson's family had opposed his intention to sell the disputed land, resulting in an ongoing civil case.
A post-mortem examination by Dr. David Mwita at Migori County Referral Hospital unveiled multiple head bruises on both sides, a significant wound on the back of the head, and another on the forehead.
Additionally, Samson had suffered a depressed skull fracture on the frontal forehead. The cause of death was determined as head injury inflicted by a blunt object.
In his defense, Peter claimed he was traveling from Nairobi on March 23, around 7:30 pm, and denied any involvement in Samson's death. He asserted that he had been in the city to sell cattle for his employer, George Chacha.
Peter acknowledged Samson as his half-brother, sharing a father but having different mothers. He fainted upon seeing the deceased after returning home and woke up in the hospital, where he spent three days.
Despite some family members acknowledging a land dispute, Peter denied any family involvement, stating that their father had divided the land among his two wives. He lamented that their houses were burned after Samson's burial.
The court, in its deliberation, recognized that the state's case was based on circumstantial evidence, meaning no witnesses directly observed Peter committing the act.
However, it was established that Peter was in an altercation with his half-brother shortly before Samson's death. The defense's alibi, presented on March 21, 2023, was deemed untimely.
Judge Roseline Wendoh, delivering the verdict on August 23, 2023, concluded that the state had proven Peter's guilt in the murder of his half-brother beyond a reasonable doubt.
She emphasized that Peter's use of a stone to strike Samson's head indicated an intent to cause grievous harm or death, leading to his conviction for murder.
In another news, a man has been sentenced to three years in prison for sexually assaulting a woman in her apartment while she slept. See detailed story here.
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