Nairobi News

Life

Man jailed for 18 years for killing cousin over Sh500


A 27-year-old man who killed his cousin after they differed over Sh500 was on Wednesday sentenced to serve 18 years in prison by a Narok High Court.

Kenneth Naputa Esho had appeared before Narok Resident Judge Justice Justus Bwonwong’a charged with the murder of his cousin Ketere Esho at Topoti village in Narok North on May 2, 2018.

The court was told that on the material day the accused had seen the deceased being given Sh500 by a tractor driver and demanded part of the money.

The deceased objected and Naputa got incensed and hit Ketere several times on the head with a metal studded rungu. Ketere died while undergoing treatment from the injuries sustained.

The court said prosecution had proved their case beyond reasonable doubt.

“The evidence produced in this court clearly shows the accused hit the deceased with a metal studded rungu and caused the injuries that led to his death,” Justice Bwonwong’a said.

The judge found the accused guilty of murder saying he had the intention to kill the deceased even without any provocation at all.

INFLUENCE OF ALCOHOL

In his defence, the accused said he didn’t remember what transpired on the material day of the incident noting that he was under the influence of alcohol.

In mitigation, he pleaded with the court for leniency saying he had a young family that depended on him.

According to the law, the accused was supposed to be sentenced to a mandatory death sentence for the offence of murder but in meting out the sentence, the judge exercised his judicial powers as enshrined in the law in sentencing the accused to 18 years in jail.

The Supreme Court had in December 2017 ruled that death sentence was against the Constitution which guarantees the right to life.

The highest court in the land then directed that any court dealing with capital offences should be allowed to use judicial discretion when delivering judgments.

This followed an appeal by Francis Karioko Mwatetu and another who had appealed and questioned the constitutionality of death sentence.

DEATH SENTENCE

The Supreme Court in its ruling on this matter then said the mandatory death sentence is unconstitutional.

The apex court judges further directed the Attorney General, the Director of Public Prosecutions and other agencies to prepare a detailed professional review of cases regarding sentencing.

They also ordered that the law be placed before the Speaker of the National Assembly for necessary amendments to the law.

In Kenyan laws, there are only three offenses that carry the death penalty and are referred to as capital offenses. They include robbery with violence, murder and treason or sedition.

There is currently a clamour to abolish death sentence in the country.

Some civil societies have been lobbying to have this penalty abolished saying its inhuman and a violation of the right to life.