The fate of two brothers was sealed in court after their mother testified against them resulting in a 20-year jail term.
Jane Gichambi testified before Justice Kanyi Kimondo of the Murang'a High Court saying that she saw her sons assault and kill their father.
She told the court that on the fateful day, she was milking cows at 6 am when she saw her husband (Esbon Macharia) being struck on the head with a plank of wood.
"I heard someone screaming in pain. When I turned around, I saw the accused and their elder brother assaulting their father," she said.
Gichambi went on to narrate that as soon as her husband fell to the ground, the suspects kept raining blows on him. She said that she dropped the milk can and moved away to a safe distance for fear of being spotted and began screaming for help.
The mother explained that some of the neighbours rushed to the scene. Gichambi noted that as soon as they hurried back to the homestead, they found the body of the deceased on the ground with his hands broken and injuries on the head, face and mouth. The suspects had however disappeared from the scene.
In cross-examination, Gichambi further explained that the accused had previously assaulted both her and the deceased six months before the murder. She alleged that the two cut her on the mouth and bruised her left eye.
She also added that the attack was so serious that it forced her and her deceased husband to leave their home for almost a year.
The two suspects however disputed the claims alleging that they were not at the scene of the crime. Justice Kimondo upon reviewing the evidence dismissed the suspects' defense as unbelievable and lacked merit.
"The first accused said on the material day he was away in Kangari in Kigumo, while the second claimed he was in Murang'a," said the judge.
He also added that the two suspects had been positively identified by their mother.
"I have reached the conclusion that the alibis are a sham and unadorned by any persuasive evidence. The entire corpus of direct and circumstantial evidence points irresistibly and exclusively to the guilt of the accused. The chain of events is complete. I find no hypothesis that exonerates the accused.
"The upshot is that the prosecution has proved the charge beyond reasonable doubt. Both accused persons of malice aforethought caused the death of Esbon Macharia Gichuhi by an unlawful act. I accordingly enter a finding of guilty. Both accused are hereby convicted," ruled the judge.
The two suspects had been arrested along with their elder brother, who died while in remand at King'ong'o prison. It is reported that the brothers wanted the father to register a six-acre piece of land in their name but he refused.
