City nightclub owner to serve five years in jail for killing reveller
A Nairobi court has sentenced the owner of a popular nightclub to five years imprisonment for killing a patron five years ago.
Jackson Maina Wangui, the owner of Club Click on Baricho Road, was found to have shot dead Kelvin Oduor Onyango on the night of May 8, 2012.
The court however reduced his charge to manslaughter after finding that the prosecution had failed to prove a murder charge.
Mr Maina had in his defence told the court that he had accidentally shot Mr Oduor.
Justice Stella Mutuku said the evidence before court showed that Mr Maina may not have intended to kill the patron, but he shot him at close range.
The club owner had led Mr Oduor to the rooftop of the building housing the club so as to rescue him from a hostile mob that had accused him of theft.
STOLEN MOBILE PHONE
Mr Oduor was alleged to have stolen a mobile phone.
The court said this evidence does not show Mr Maina had the intention to kill.
“Justice cannot, however, be served in law unless a culprit is handed a commensurate punishment against the offence he is accused of committing,” justice Mutuku ruled.
In mitigation Maina had said he is remorseful for shooting Mr Oduor.
“Mr Maina walked around with a corked gun for his own safety and not to threaten anyone,” said lawyer Pravin Bowry for Mr Maina during mitigation, adding that his client was a family man and was expecting a third child.
The lawyer wanted Mr Maina committed to community service to help with the healing and rehabilitation process.
The judge however said the court has to balance between the motivation by defence and the bereaved family situation.
Mr Julius Sepi, a bouncer at the club, who was the second accused, was however acquitted of the murder charge given he had left his boss and Mr Oduor on the rooftop.