Security guard lands 30 years in prison for killing Isiolo activist
Murithi said the accused ought to be held in custody for deterrent reformation and community protection objectives.
By Mwenda Kiriungi
A security guard found guilty of killing a human rights activist from Isiolo sentenced to 30 years in prison.
Meru High Court Presiding Judge Edward Murithi found Patrick Naweet guilty of murder of Elizabeth Ekaru, a human rights activist contrary to section 203 and 204 of the penal code.
"Pursuant to section 333 (2) of the criminal procedure code, the sentence of 30 years shall commence on 17 January of 2022 the date when he was arraigned in court," Murithi said.
He committed the offence on January 3, 2022, when the two had a land border dispute, and the accused lured the deceased to the land after they attended a burial of a neighbour.
Murithi said the accused ought to be held in custody for deterrent reformation and community protection objectives.
Naweet had told trial judge Murithi that he had no intention of killing Ekaru but only acted in self-defense.
"I have listened to submission from the counsel of the accused, the counsel for DPP and the counsel for the family and the court has also considered the mitigation by the offender and i do not agree that the circumstance are so aggravated to call for the death sentence, the maximum sentence for the offence of murder," Murithi said.
He said the court also considered the breadwinner status of the accused against the complete orphanage by his action, the five children of the deceased who had earlier lost their father to banditry.
Murithi said the circumstance of the case warranted a custodial sentence and being cognisant that the counsel of the accused asked for a lenient jail term.
Meru High Court Judge Hon. Edward Murithi
"The appropriate sentence must be one which communicates to the offender and others that resulting to kill a neighbour male or female with whom one has a land boundary dispute is aborent and contrary to all principles of civilised modern living consistent with an open society based on rule of law and respect for human rights recited in article 10 of our constitution," Murithi said.
He added that Naweet should not have taken matters into his own hands and would have resolved the dispute in a dignified manner where each has an opportunity to be heard in accordance with the law.
The judge added the accused should be in custody for his own protection.
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