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Man who killed his brother over glass of water gets three-year probation sentence

A man who killed his brother after disagreeing over a glass of water while feasting at the sprawling Lunga Lunga slums within Nairobi County has been handed a three-year probation term.

During that period, Collins Obenda Gavalwa will be required to be of good character and shun crime.

Lady Justice Jessie Lessit, who accepted Obenda’s probation report, warned him of dire consequences should he engage in crime before the lapse of three years.

“If you commit any criminal offence during this period, this court will hand down to you double portion of punishment as you will first be condemned to serve sentence for this offence and then you be condemned to serve for the latter,” Justice Lessit said in her ruling.

She further directed the accused to undergo counselling during that period and urged Obenda to adhere to all the orders given to him by his supervisors.


“You will be required to obey all the instructions and shun bad company,” Justice Lessit told the convict.

Obenda pleaded guilty to a lesser offence of manslaughter that on June 8 he killed his brother.

“I plead for leniency. I accidentally terminated the life of Frankline Mulweye Gavalwa in self defence,” he said in mitigation.

The court heard that on the fateful day (October 11, 2016) the accused, his late brother and their common friend Mr Christian Kadege had agreed to prepare supper then eat together.

But by the time the meal was ready and served, Mr Obenda had not arrived and so Mr Kadege ended up eating his share and then retired for the night.

Mr Obenda would later show up at his brother’s house who was still enjoying his meal. Mr Mulweye ushered him in and welcomed him to join him for the meal.


It was when that the accused took a glass of drinking water which his brother had beside his plate and used it to wash his hands that tragedy struck.

In a fit of anger, Mr Mulweye punched his brother for using the water in the glass to wash his hands, the court heard.

The deceased then picked up a knife and attempted to stab the accused who instead grabbed it and stabbed him (deceased) on the left side of his chest resulting in his death.

Mr Obenda is said to have fled the scene of crime and boarded a bus to Vihiga County where he took refuge before surrendering to the police.

Defence lawyer, Wokabi Mathenge, asked the court to consider imposing a none custodial sentence for his client since he did not intend to kill his brother.

“The accused sincerely and profusely regrets his actions. He has reformed and has promised never to engage in crime,” Mr Mathenge submitted.