Simon Ikunza Lusuli received a 20-year prison sentence from the Kakamega High Court for killing Wycliffe Muyale Matekwa on January 21, 2018, in Shaviranga village.
Ikunza, a member of Nyumba Kumi, was part of a mob that attacked Matekwa over the theft of two chickens.
In sentencing, Justice Chirchir Chebet acknowledged that Ikunza was a first-time offender who showed remorse. The judge also considered that Ikunza, who lost his wife and has a 15-year-old child, is the sole provider for his family.
These factors were noted as mitigating under paragraphs 23.8.7 and 23.8.8 of the Kenya Judiciary sentencing policy guidelines. However, the judge stressed that Ikunza and others in the group violently took away the deceased’s right to life.
Justice Chirchir remarked, “Commission of an offence in a group is an aggravating factor,” referencing paragraph 23.7.6 of the sentencing policy guidelines.
“Considering all these factors, I hereby sentence the accused to 20 years in prison. The sentence will take effect from the date of conviction,” the judge added.
The prosecution argued that the aggravating factors outweighed the mitigating ones and that the sentence should underscore the sanctity of life.
“I urge the court to impose a sentence as stipulated by law. The social inquiry report portrays the accused as a responsible citizen before the murder,” said prosecutor Loise Osoro. She also highlighted that Ikunza committed the offense while serving on the Nyumba Kumi committee.
In his defense, Ikunza expressed remorse and emphasized his status as a first-time offender. “I seek leniency. I was a Nyumba Kumi member at the time of the offense and am a first offender,” Ikunza said.
