The Lower Eastern Times Opening The Third Eye
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The High Court in Vihiga has convicted two men for the 2018 murder of a student who died after being brutally assaulted following a disco event in Luanda Sub-county.
Justice Jacqueline Kamau found Fredrick Shem and Mathias Alembi guilty of murdering Kevin Otiato, a student who succumbed to severe head injuries sustained during the attack on August 17, 2018.
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Court proceedings revealed that Otiato had left home for computer classes at Ekwamba Secondary School before later attending a disco in Ekwanda Location. He was later discovered unconscious by the roadside with serious head injuries and was rushed to hospital, where he died.
A postmortem examination established that the cause of death was severe head trauma resulting from blunt force injuries.
The two accused denied involvement in the killing and argued that no witness directly linked them to the attack. They maintained that their arrests were based on unrelated allegations, including claims of drug peddling and personal associations.
Shem told the court that he was working in Nairobi at the time of the incident, but failed to present a witness to support his alibi. Alembi also claimed he was at home on the night of the murder and alleged that he had been falsely implicated by an ex-girlfriend following a personal dispute.
During investigations, police recovered cannabis, a metal rod and a sword from Alembi’s residence. Although no blood traces were found on the weapons, investigators considered the items relevant to the case.
Witnesses testified that Otiato had attended a disco with friends before he was attacked. One classmate told the court that the victim was later brought home bleeding from the head and unable to speak. The matter was subsequently reported to authorities, and Otiato was taken to hospital.
Investigating officer Sergeant Francis Matheka testified that a group of men attacked both Otiato and another individual near the disco venue. One of the survivors reportedly identified Alembi as being among the attackers.
The court further heard that Shem left for Nairobi shortly after Alembi’s arrest, a move that prosecutors argued pointed to consciousness of guilt.
In delivering her judgment, Justice Kamau ruled that the prosecution had successfully established a common intention among the accused and others involved in the attack.
The judge noted that it was not necessary to prove which individual delivered the fatal blow, as evidence showed the accused were acting as part of the same group during the assault.
Finding the circumstantial evidence compelling and the alibi defenses unsupported, the court convicted both men of murder.
