This archive report was first published on 3 July 2019.
On July 3, 2019, a Narok High Court sentenced a 27-year-old man to 18 years in prison for killing his cousin over Sh500.
The incident occurred on May 2, 2018, at Topoti village in Narok North, where the accused, Kenneth Naputa Esho, had demanded part of the money given to his cousin, Ketere Esho, by a tractor driver.
When Ketere refused, Naputa hit him several times on the head with a metal-studded rungu, causing fatal injuries.
Prosecution proved their case beyond reasonable doubt, and the court found Naputa guilty of murder, stating that he had the intention to kill without provocation.
In his defense, Naputa claimed he was under the influence of alcohol and did not remember the incident.
However, the judge exercised judicial discretion, as per the Supreme Court's ruling in December 2017, which declared the mandatory death sentence unconstitutional.
The Supreme Court had directed courts to use judicial discretion when delivering judgments in capital offenses.
