A Bungoma man convicted of murdering a father and son during a violent night-time attack 15 years ago will continue serving a life sentence after the Court of Appeal dismissed his latest bid for freedom.
Kennedy Toili Barasa had sought to overturn his conviction, set aside the sentence and secure his release, but appellate judges in Kisumu rejected the application for the third time, citing overwhelming forensic and eyewitness evidence linking him to the crime.
Barasa was convicted over a brutal attack on a family home in Bungoma North on December 21, 2011, in which two family members were killed, a pregnant woman and her underage daughter sexually assaulted, and valuables stolen.
The court heard that between 1am and 3.30am, Barasa and two accomplices armed with metal bars, pangas and simis stormed the home and attacked the family patriarch, identified in court as Paul, and his son.
The two were repeatedly beaten with iron bars and later succumbed to their injuries.
The gang then turned on Paul’s heavily pregnant wife, identified as Anna, and their 12-year-old daughter. The attackers assaulted the victims, forced them to withdraw money from their M-Pesa accounts and stole assorted household items during the raid.
Barasa was initially charged before the Chief Magistrate’s Court in Bungoma with two counts of robbery with violence, gang rape and defilement.
During his defence, Barasa denied involvement and claimed he had been injured in a road accident
In dismissing the latest appeal, the court said the prosecution had presented a compelling case.
