Man sentenced to death for fratricide

Delivering judgment on September 30, 2025, Judge David Ngunyale said the prosecution had proved its case beyond reasonable doubt, convicting the accused of murder contrary to sections 196 and 197 of the Penal Code.

One of the key pieces of evidence was the accused’s caution statement, in which he admitted committing the crime. He also led police to where he had hidden the hammer and to the shop where he had purchased it.

Court records show that on the day of the incident, Lucas failed to report to work, prompting concern from his colleagues. Their sister, Lucia Msumari, was informed and, upon arriving at the brothers’ home, found a crowd gathered and discovered Lucas’s body lying in a pool of blood.

Lucia testified that the brothers had been living together, but after the incident, Cosmas disappeared and was only arrested after the burial.

Police officer D9688 Haji Ramadhan, who arrested the suspect, said Cosmas confessed to the crime and led investigators to the hidden hammer. A hardware shop owner confirmed selling him the weapon for Sh14,000.

In his defence, Cosmas denied the charge, claiming he lived elsewhere and that police coerced him into signing a statement he did not understand.

Judge Ngunyale said although no one witnessed the crime directly, circumstantial evidence was overwhelming. The prosecution proved the accused lived with the deceased, bought the hammer, and was present at the scene.

“The evidence clearly shows that the accused prepared to commit the offence by purchasing the hammer and was present at the crime scene,” said Judge Ngunyale before sentencing him to death by hanging.