A bitter dispute over ancestral land between four stepbrothers turned deadly after two men were killed in a violent confrontation in Bomet County, in a case that has now ended in convictions for murder.
The High Court found Dennis Kipsang Ng’eno and Gilbert Kiplang’at Ng’eno guilty of murder, with sentencing pending. The offences occurred on September 9, 2018, in Mongokwo village, Besiobei, Konoin Constituency.
The court heard that the victims, Erick Kipsang Teituk and Josephat Cheruiyot Ng’eno, were attacked on the same day following a long-running disagreement over the sharing and occupation of family land.
According to prosecution witnesses, the dispute escalated when the two convicts, armed with machetes, confronted the deceased brothers and chased them from the contested land.
In the ensuing attack, Dennis is said to have caught up with Erick and hacked him repeatedly on the head and limbs, killing him on the spot. Gilbert, pursuing Josephat, allegedly attacked him after he tripped and fell during the chase.
Post-mortem examinations showed that both victims died from multiple traumatic injuries, severe haemorrhage and excessive blood loss.
Josephat, who initially survived the attack, was rushed to hospital where medics briefly attempted to resuscitate him after significant blood loss. He later died following emergency surgery.
In their defence, both accused denied the charges. Dennis told the court he returned home that day to find his fence damaged, and said he was attacked while repairing his house by his stepbrothers, who he claimed were based in Olenguruone.
Gilbert gave a similar account, stating that they were repairing a house when they were confronted by a group of people armed with hoes. The two said they fled in different directions and only later learned of the deaths. Gilbert said he later reported the incident to police before his arrest.
However, in a detailed ruling, the court found that the prosecution had proved its case beyond reasonable doubt. Medical evidence indicated that the victims suffered multiple injuries to the head, shoulders, knees and arms, with one deep head wound penetrating the brain.
In his judgment, Justice Julius K. Ng’arng’ar noted that the nature of the injuries pointed to intent to kill. “In my view, the accused persons’ action of striking the victims on their heads clearly pointed to an intent to kill,” he said.
“By choosing to strike the heads, the accused must have known that their actions would lead to the victims’ deaths. Both accused possessed malice aforethought.”
Sentencing will be delivered at a later date.
