A man who stabbed his brother to death during a dispute over alleged theft has been jailed for 21 years.
Bonventure Lumwachi was convicted of murdering Augustine Lumuachi following a sudden confrontation.
The High Court in Kakamega found the incident, which occurred in April 2022, arose from the confrontation rather than a premeditated plan.
Justice Stephen Mbungi ruled that the attack, which involved a knife wound to the back, amounted to a disregard for the sanctity of human life.
“The accused used a knife, a lethal weapon, to stab the deceased on the back, a vulnerable part of the body,” the judge said.
“The court also notes that the deceased was the accused’s own brother, a factor that heightens the gravity and moral culpability of the offence. The use of such violence demonstrates a clear disregard for the sanctity of human life.”
Lumwachi detailed his personal circumstances and pleaded with the court for a lighter penalty, expressing deep regret for his actions.
“The accused mitigated that he is a first offender, is a firstborn and also the breadwinner. He further stated that he has four children, expressed remorse and urged the court to exercise leniency.”
The judge acknowledged these points, along with the time the accused had already spent in custody since his arrest on April 17, 2022.
However, the court found the aggravating circumstances substantial.
The attack was unprovoked by any lethal threat from the deceased, and the choice of a knife aimed at a vulnerable part of the body showed clear intent to cause serious harm.
While delivering the judgment, Justice Mbungi acknowledged the complexity of balancing the personal circumstances of the offender with the seriousness of the crime.
“The accused expressed remorse and there is a reasonable prospect of rehabilitation. The court also takes into account the principle in Ahamad Abolfathi Mohammed and Another v Republic, where it was held that sentencing must be proportionate to both the offence and the offender and should not be excessive,” the judge said.
“In balancing these factors, this court finds that although the offence is grave and calls for a deterrent sentence, the circumstances do not justify the ultimate penalty of death. A lengthy custodial sentence will meet the ends of justice.”
Lumwachi was sentenced to 21 years imprisonment and
informed of his right to appeal within 14 days.
"The sentence shall run from the date of arrest on April 17, 2022 and the period already spent in custody shall be taken into account in accordance with Section 333(2) of the Criminal Procedure Code.”
