A man who shot a Kenya Power staff member with an arrow while he was on duty has been sentenced to 20 years in prison by a Machakos court.
In a statement on Thursday, August 21, the Office of the Director of Public Prosecutions (ODPP) said Kioko Kavita shot Esau Ogutu Mbadi on June 7, 2024, at Yatta, Machakos County.
"Kithimani Magistrate's court has sentenced a man to 20 years' imprisonment for shooting a Kenya Power staff member with an arrow while on official duty. The court heard that Kioko Kavita shot Esau Ogutu Mbadi on June 7, 2024 at Kithendu village in Yatta Sub-County within Machakos County.
"He was charged with unlawfully attempting to cause the death of Esau by shooting him on the right side below the ribs with a bow and arrow," the statement read.
According to the ODPP, evidence presented showed that the Mbadi was part of a Kenya Power team dispatched to prune trees interfering with electricity lines in the area.
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Kavita, however, resisted the operation, and witnesses testified that he threatened the officials before attacking.
"The complainant was among the Kenya Power staff assigned to prune trees that had encroached on power facilities at Kithendu village when the accused person attacked him. The court heard that when the officers reached the home of the accused person, they saw an avocado tree, which, according to them, was the cause to the persistent power outage in the area since it was interfering with fuses.
"The accused person was informed of the danger of the tree, and he was requested to allow them to cut down the tree, which, according to the witnesses, he refused and threatened to attack anyone who would cut down the tree. The officials told him that they would not leave since the village had no electricity. This is when the accused ran into his house and came back with bows and arrows. He retreated a few steps and shot the complainant with an arrow on the right side of the abdomen," the statement added.
Following the incident, Mbadi was rushed to Matuu Level 4 Hospital, where he underwent surgery to remove the lodged arrow.
While delivering judgment, Principal Magistrate Paul Wechuli said the evidence from five prosecution witnesses, which was uncontested, proved that the accused intended to kill.
"His overt act of wilfully and carefully placing an arrow on a bow and shooting at the complainant means that he was in the process of killing the complainant. His actions do not amount to a mere preparation to commit the offence; he had put his plans in motion before he was restrained and his bow broken," he said.
Wechuli further observed that the accused had attempted to fire another arrow, which could have been fatal if he had not been restrained.
He also dismissed any suggestion of personal grudge, noting the complainant was only carrying out his duty of restoring power.
"The accused, on the other hand, had let his tree interfere with the said power line, thus affecting the entire village. For him to turn around and attack the complainant so viciously is unfortunate and barbaric, and he deserves a deterrent sentence," he added.
This comes two weeks after two former police officers were sentenced to 35 years in prison each for the torture and murder of 21-year-old Dennis Lusava, whose body was found dumped in River Nzoia in 2022.
The ruling, delivered on Tuesday, July 29, follows their conviction by the Eldoret High Court for the brutal killing that occurred at Mbururu Police Post in Kakamega County.
On July 4, Justice Reuben Nyakundi ruled that the prosecution had proven beyond a reasonable doubt that Constables Emmanuel Wafula and Godwine Wekesa were directly responsible for the unlawful death.
According to court proceedings, the incident traces back to 2020, when the officers first arrested Lusava for allegedly not wearing a face mask in public.
Public members intervened, rescuing him from the officers during the initial encounter.
However, days later, the two officers are said to have tracked him down and detained him again at the Mbururu Police Station.
While in custody, Lusava was reportedly handcuffed and tortured, leading to his death.
