How a Stolen Chicken and Ugali Accusation Led to 20-Year Jail Terms for Four Brothers

Four brothers have each been sentenced to 20 years in prison for the murder of their neighbour in Bungoma County after a dispute over alleged theft led to a fatal assault.

The High Court in Bungoma convicted John Kweyu Malala, Peter Mukhwana Malala, Michael Ancheri Malala and Ayub Odhiambo Malala over the killing of 40-year-old Fredrick Sifuna Juma, a sugarcane cutter, in Bwaliro village on 3 May 2022. According to evidence presented during the trial, the brothers accused Juma of stealing a chicken, a blanket and a meal of ugali before repeatedly beating him with wooden sticks. 

Witnesses said the attack continued despite appeals from neighbours to report the matter to the police. Juma later died from severe head injuries, including a fractured skull and extensive brain haemorrhage.

Residents told the court they responded after hearing cries of “thief” and found the victim lying defenceless on the ground. Forensic examinations later matched blood found on sticks recovered from John Malala’s home to the deceased, supporting eyewitness testimony.

The defence challenged the prosecution’s case. John Malala claimed he and Juma had been involved in livestock theft together and alleged that villagers, rather than his family, had carried out the assault. The other accused denied taking part and presented alibis supported by their wives.

The court rejected the defence accounts, finding that neighbours had clearly identified the accused using torchlight and solar lighting. The judge ruled that mistaken identity was unlikely because the individuals involved were well known within the community.

Chief Ben Emusase Esibai told the court that his investigations found no evidence that Juma had committed theft. His testimony weakened the justification advanced by the accused. The deceased’s widow, Agnes Naliaka, also referred to previous boundary disputes between the two families, although the court found her evidence consistent with that of other witnesses.

While passing sentence, the judge noted that the four men had no previous criminal records and were regarded as hardworking members of the community. However, the court concluded that the seriousness of the offence required a substantial prison term.

The judge said that a life had been lost and a family had been deprived of a father, adding that the violent nature of the attack warranted a lengthy custodial sentence.