- A retired teacher's attempt to recover his two stolen dairy cows ended with him being sentenced to 15 years in jail
- Josephat allegedly chose to punish the suspect himself instead of taking him to the police, a decision that backfired on him
- The case of his missing cows took a backseat as he was charged with abduction, unlawful detention, and impersonation
A retired deputy headteacher has narrated how what he describes as an attempt to recover two stolen dairy cows allegedly ended with him being sentenced to 15 years in prison.
Source: Facebook
The man, identified as Josephat, says he bought the two grade cows after retirement, hoping the animals would provide milk and help him pay his sons' school fees at Litein Boys.
Herder allegedly disappeared with 2 cows
According to him, the cows represented years of hard work and his plan for financial security after leaving the teaching profession.
However, his retirement plans allegedly unravelled when the two animals disappeared from his cowshed alongside the young man he had employed to look after them.
Josephat says he had employed a herdsman named Mose, whom he had met through a friend who worked as a prison officer in Kericho.
One morning, Josephat says he woke up to find the shed open, the ropes lying on the floor, and both cows missing. Mose was also nowhere to be found.
The retired teacher says he reported the incident to the police but became frustrated when days passed without an update.
He then decided to search for the herdsman himself. After obtaining Mose's mother's telephone number through a friend, Josephat called her and explained what had happened.
The woman told him that her son had returned home the previous week and claimed his employer had given him a few days off to construct a house.
Josephat says he explained that the cows had disappeared and asked her to help him find her son. To his surprise, he claims the mother agreed to help.
Herder's mother helped arrest him
Josephat says Mose's mother mobilised village elders and young men, who surrounded her house in Nyamira and apprehended her son.
The suspect was allegedly tied with rope and held at a village elder's home as members of the public guarded him.
The mother then called Josephat and informed him that they had caught Mose, after which he travelled from Kakamega to Nyamira to collect the suspect.
He thanked the mother, village elders and members of the public for their assistance and gave them KSh 2,000 as a token of appreciation.
Taking suspect home changed everything
However, he now believes his next decision was the beginning of his troubles.
Instead of handing Mose over to the police in Nyamira, Josephat decided to transport him to Kakamega, where he believed officers were familiar with the original livestock theft complaint.
He also says his sons persuaded him to take the suspect home before presenting him to the police.
Once there, Josephat claims he locked Mose inside an empty maize store while they examined his phone and M-Pesa transactions.
According to the retired teacher, Mose admitted to stealing the cows and selling them for KSh 85,000. The suspect also provided a telephone number for the alleged buyer.
Police opened case against him
However, his two sons became angry and beat Mose severely as they demanded answers about the missing animals.
The following morning, the retired teacher took the suspect to the police station, believing he had helped recover the missing livestock and identify the person who bought them.
Instead, he claims officers questioned his decision to apprehend Mose in Nyamira and transport him to Kakamega without police authority.
Josephat says officers were concerned about the suspect's injuries, including a swollen face, a bleeding lip and difficulty walking.
Case opened against him
The officer in charge ordered that Mose be taken to hospital and questioned Josephat about how he had apprehended and handled the suspect.
Fearing that his sons and nephew could also face consequences, Josephat says he initially blamed the injuries on members of the public who had helped apprehend Mose.
He alleges that the original complaint over the missing cows subsequently took a back seat as a new case was opened against him.
The charges included abduction, unlawful detention, robbery with violence, impersonation and torture-related offences.
Confession could not save him
Josephat says he repeatedly tried to explain that Mose had confessed to stealing the cows and had identified the person who bought them.
However, he claims the confession was rejected because of the violence inflicted on the suspect.
Josephat says the court proceedings further compounded his frustration because the confession he relied on was not accepted as evidence.
He attributes the outcome to the legal principle that confessions obtained through violence or torture cannot be admitted in evidence.
The two cows were never recovered, leaving him without the assets he had intended to rely on during retirement.
Josephat was ultimately sentenced to 15 years in prison, a punishment he considers devastating given that he had set out to recover what he believed had been stolen from him.
Source: TUKO.co.ke