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City tout to hang for killing passenger over Sh100

April 30th, 2015 2 min read

A matatu tout who stabbed a commuter to death in a rage over Sh100 has been sentenced to death.

Justice Nicholas Ombija sentenced David Gatembo Mbeti to death for killing Antonius Odhiambo inside a public service vehicle on Mombasa Road in Nairobi on the night of January 8, 2011.

“The prosecution has established beyond doubt that you used a screwdriver to stab the deceased after a quarrel over Sh100 change, leading to his death.

“The force you used shows you had an intention to kill. I sentence you to suffer death as a consequence of your action,” ruled Justice Ombija.

A WELDER

Mr Odhiambo was employed as a welder by a construction company based in Athi River.

On the fateful night, while in the company of his colleague, Mr Abisalom Agesa Otieno, they boarded the matatu in Mlolongo on their way to Pipeline Estate.

When the conductor asked for fare, Mr Otieno produced a Sh200 note, from which the conductor was to deduct Sh40, being Sh20 for each.

“The conductor (Mbeti) refunded Sh60 instead of Sh160. When he was asked for the remaining Sh100, he insisted that the two had given him a Sh100 note. It was then that an argument arose, leading to a fight inside the vehicle,” said Justice Ombija.

Mbeti first punched Mr Otieno on the head before pulling a screwdriver from his seat, which he used to stab Odhiambo.

STARTED SCREAMING

The other passengers started screaming, but the conductor claimed that the two were carjackers who wanted to hijack the vehicle.

Mbeti told the court that the two boarded his vehicle but he was not the one who stabbed Mr Odhiambo.

He said that after they disagreed over the amount of change, the two started beating him while holding his neck.

According to Mbeti, a passenger in the vehicle hit Mr Odhiambo on the head with a bottle. He also claimed that the vehicle’s driver threw an object that hit Mr Odhiambo.

Justice Ombija, however, dismissed Mbeti’s statements, ruling that it was not possible for the driver to hit a passenger when he was busy controlling the wheel.

“Against the backdrop of all evidence, I find the accused being economical with the truth. His testimony is a pack of lies to exonerate himself when it is beyond doubt that the screwdriver in his possession was what caused the death,” the judge ruled.

A post-mortem showed that Mr Odhiambo died from deep wounds caused by a sharp object.