Kandara man gets reduced sentence for murder over bet

Wednesday May 22 2019

Murang’a High Court judge Kanyi Kimondo

Murang’a High Court judge Kanyi Kimondo sentenced Ibrahim Mugera to 10 years' imprisonment but took note of the time he had spent in police custody since he was tried. PHOTO | FILE | NATION MEDIA GROUP 

NDUNGU GACHANE
By NDUNGU GACHANE
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A man who admitted to killing his friend in 2010 following a disagreement on a bet will spend three years in prison.

Murang’a High Court judge Kanyi Kimondo sentenced Ibrahim Mugera to 10 years' imprisonment but took note of the time he had spent in police custody since he was tried.

Mr Mugera is charged with committing the offence on October 30 that year at Nguthuru village, Kandara Constituency.

It was said he attacked his friend Joseph Gitau at his home as they gambled; while arguing on who had won a round in a card game, he grabbed a knife and stabbed Mr Gitau in the abdomen.

The charge sheet states that Mr Gitau was pronounced dead on arrival at Thika Level Five Hospital.

A post mortem conducted on November 11 indicated that he died from severe bleeding and damaged arteries.

MITIGATION

Mr Mugera entered a plea-bargain agreement that saw the prosecution amend the charge from murder to manslaughter.

During sentencing on Wednesday, the court heard that the accused had been in custody since 2013 when the trial took place.

Prosecutor Sebastian Mutinda told the court that Mr Mugera was a first-time offender while his lawyer Josphat Kimwere said he was remorseful and had no record so he deserved a favourable sentence.

However, justice Kimondo observed that although the accused was a first-time offender, an innocent life was lost in a petty squabble and that this would not have been the case if he had exercised restraint.

“The accused must take full responsibility for the loss of an innocent life. Considering mitigation, the court finds that a non-custodial sentence is not fit for the accused," he said.

"But I will give credit to the years he has served in custody."

ANOTHER CASES

In the same court, Mr Henry Chege, who had been charged with murdering Joseph Kamau at Kihuro village in Kiharu in 2014, had his charge amended to manslaughter.

Mr Chege is accused of killing his nephew Kamau by cutting him in the head using a panga.

The court was told that a drunk Mr Kamau angered the accused when he picked a quarrel with his niece Jane Wanjiku.

After pleading guilty of the charge, the judge sentenced Mr Chege to 10 years in prison but considered the five years he had spent in police custody.

Three other murder suspects entered plea-bargaining deals with the prosecution that will see their charge amended.

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