City teenager who killed man detained at the President’s pleasure
A teenager who killed a man four years ago for tipping the police to have him arrested for robbing people on the streets has been detained at the President’s pleasure.
High Court judge Jessi Lesiit issued the sentence to Ali Hassan Wako, 19, after finding him guilty of killing Mr Isaya Ernest Alube on December 21, 2012 at Kiamaiko area in Nairobi’s Huruma estate.
The court was told that the accused committed the murder offense while he was 15 years old.
Lady Justice Lesiit said she had considered the Children’s Act, the sentencing guidelines policy and the penalty for murder before delivering her verdict.
COLD BLOOD MURDER
“I have considered the circumstances of this case. You shot the deceased at point blank range in retaliation because Mr Alube had reported you and your accomplices to the police for criminal activities. That was cold blood murder,” the judge said.
On the fateful day, the deceased was in the company of two undercover police who were on a mission to arrest a group of five men known for robbing pedestrians within Kiamaiko.
When the deceased walked to a back street to check on the five, of whom the accused was among, he spotted the group and informed the officers on phone to join him as he had left them on the other side.
But the accused shot him on the head before scampering for safety.
The officers later told court that they heard the gun shot even before the deceased could end his call and were just on time to spot the accused with a gun on his hand pointing at Mr Alube who was writhing in pain.
The officers had helped taking the deceased to Kenyatta National Hospital but he succumbed to the fatal gunshot wound.
IMAGINARY OFFENSES
The accused was later arrested and arraigned on January 28, 2013 but said in his defense that the case against him was a fabrication of the police who kept arresting him for imaginary offenses.
Three people had witnessed the shooting incident from different positions therefore testified describing him to have been wearing a Muslim Kanzu, was short and was overheard telling the deceased that his group had looked for the deceased for a long time before pulling the trigger.
Even though the judge faulted the prosecution of inconsistent evidence, she ruled that it was overwhelming and unshaken since the accused had been positively identified.
She dismissed the defense presented by the accused as a bare denial.
The judge said that the prosecution had proved beyond reasonable doubt that the accused had committed the offense of murder.
“The accused person has been convicted of murder as a first offender. I have considered that he has been in custody for three years and eight months during trial and I order that he continues to be detained at the President’s pleasure,” Justice Lesiit ruled.
