BY WINSTONE MUSISI
An Eldoret court sentenced to death a man accused of murdering his brother’s three children five years ago in an incident that shocked the nation.
None of the prime suspect, Enock Onzanse’s close family members including his parents, were in court when Justice Stephen Githinji delivered the death sentence in a record fifteen minutes.
The 33-year-old Onsanse is said to have murdered his elder brother James Ratemo Nyambane’s children, namely Clifford Nyambane (six), Taniy Nyamweya (five) and Glen Ongaki (three) in the most gruel manner.
The children were headed to church
The three children went missing on May 13, 2017 on their way to Eldovil SDA Church before their bodies were found a few days later in River Nzoia along the border of Uasin Gishu and Kakamega counties a week later.
A postmortem report from Moi Teaching and Referral Hospital (MTRH) Eldoret would later confirm that the children were strangled before their bodies were dumped in River Nzoia.
While delivering the verdict, Justice Githinji averred that from the evidence and testimonies given in court, it had been proven beyond reasonable doubt that the death of the slain deceased persons occurred.
Identified as the last person
“It has also been proven that the cause of death was strangulation. The accused was identified by several witnesses as the last person who was seen with the deceased persons before they met their death,” ruled Justice Githinji.
Justice Githinji, in his ruling, stated that the accused waited for the victims on their way to church, willingly misled John Nyamweya in order to have them in his custody and disappeared with them only for them to be found in River Nzoia, Moi’s Bridge dead.
He said:” This shows an intention to cause the death of the victims that was planned and executed.”
There was little doubt he committed the act
In his judgment, Justice Githingi said that having considered the evidence that was adduced by the prosecution and by the accused
person, it is the finding of the court that the prosecution proved its case to the required standard in criminal case, being proof of the
case beyond reasonable doubt by demonstrating that the deceased persons met their death as a result of unlawful action by the accused person and that the unlawful acts were committed with malice aforethought on his part.
According to Justice Githinji, witnesses who testified told the court that Onsanse was the last person to be seen with the children before they disappeared.
During the hearing of the case in 2018, a witness told the court he saw the accused with the children the same day they went missing.
Went missing for good
He told the court that he saw Onsase with the three children at Chepkoilel Matatu terminus along Eldoret – Iten road on the same
Saturday they went missing for good.
“I saw Enoch with the three children donned in white T-Shirts and jeans. He was ahead of me as I was heading to my workshop that morning,” the witness told the court.
He further stated that the accused was known to him, as he used to work for his brother.
The children’s mother Ebby Isaji broke down as she testified, recounting how the accused person refused to pick her calls when she was calling to enquire about the whereabouts of her missing children.
He refused to pick calls
“My efforts to reach my brother-in-law to inquire if he had seen my children proved futile. He completely refused to pick up my phone calls,” she said, tears rolling down her cheeks.
The court was then forced to suspend the hearing to allow her time to compose herself.
Her husband, Nyambane, told the court that as the family was on with the burial arrangements, his brother called him using a strange number asking him to forgive him for what he did.
“Your honour, as we were planning for the burial of my deceased children I received a call from someone who I perceived to be my
brother while in custody, asking me to forgive him for what he did to me.
“The caller told me he knew that it was painful for me while requesting forgiveness,” Nyambane told the court.
In his defence, the accused argued that he was not involved in the murder of his niece and nephews.