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S E N T E N C E
1. The 3 accused persons were convicted for the offence of murder contrary to Section 203 as read with 204 of the penal code, after a full trial.
2. The court then called for both Victim Impacts Statements and Pre-sentence Inquiry Reports and one Mr. Stephen Muthoka, a Senior Probation Officer prepared and filed the same. They are all dated 11/07/2025.
3. The Accused persons then made oral submissions on mitigation through their advocates and Mr. Sirima submitted on behalf of the State.
4. I have considered the reports, the mitigation, as well as the circumstances of the case. In particulars, I took into account the role played by each of the accused persons during the commission of the offence.
5. The genesis of the entire incidence was A1, Ali Mohammed Ahmed alias Munga. He confronted and injured PW 1 Benson Mutuku with a metal rod. This attack was unprovoked. When PW 1 sought to help from his Boda boda colleagues. The violent confirmation in which the deceased meet his unfortunate death occurred.
6. The court found that the 3 accused persons had a common intention to cause the death. The actual death was however, captured on the CCTV footage which was produced in court. The court saw the ugly and vivid images where Ali Munga viciously picked a stone and smashed the same severally on the head of the deceased until he died. A1 appeared possessed as he even injured other people who tried to rescue the deceased.
7. His conduct can only be described as deplorable and inhuman. As pointed out he had earlier on injured another person and this shows that he is a violent person and dangerous in nature.
8. This negative history is also captioned in the Pre-sentence report – on community’s attitude: The report shows that there are several conflicts and violent incidences associated with A1. It also shows that he has previous conviction and the community is hostile towards him.
9. The Investigation Officer described him as wanted man.
10. These negative reports do not touch on the other 2 accused persons. They were first time offenders and they were caught up in the moment. It is however not lost to the court that their participation led to a loss of life.
11. In as much as their advocate prayed for a non-custodial sentence, the court finds that they need a custodial sentence for proper rehabilitation and also to serve a lesson to other people who participate in mob injustice. The victims also need some retribution.
12. Accordingly, I sentence-
A2 – Hisham Azar and
A3 – Abubakar Athman Ali alias ABU to four (4) years in prison from the date of conviction 15/5/2025.
13. As for A1, Ali Mohammed Ahmed alias Munga, I have noted that he is a violent and dangerous man and ought to be kept away from peaceful members of society. He is sentenced to a prison term for the remainder of his life.
14. Right of Appeal against both the judgment and sentence explained to the 3 accused persons in Kiswahili.
Dated, signed and delivered in Open Court/online through MS TEAMS,
this 30Th day of JULY 2025
HON. LADY JUSTICE W. K. MICHENI
JUDGE
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S E N T E N C E
1. The 3 accused persons were convicted for the offence of murder contrary to Section 203 as read with 204 of the penal code, after a full trial.
2. The court then called for both Victim Impacts Statements and Pre-sentence Inquiry Reports and one Mr. Stephen Muthoka, a Senior Probation Officer prepared and filed the same. They are all dated 11/07/2025.
3. The Accused persons then made oral submissions on mitigation through their advocates and Mr. Sirima submitted on behalf of the State.
4. I have considered the reports, the mitigation, as well as the circumstances of the case. In particulars, I took into account the role played by each of the accused persons during the commission of the offence.
5. The genesis of the entire incidence was A1, Ali Mohammed Ahmed alias Munga. He confronted and injured PW 1 Benson Mutuku with a metal rod. This attack was unprovoked. When PW 1 sought to help from his Boda boda colleagues. The violent confirmation in which the deceased meet his unfortunate death occurred.
6. The court found that the 3 accused persons had a common intention to cause the death. The actual death was however, captured on the CCTV footage which was produced in court. The court saw the ugly and vivid images where Ali Munga viciously picked a stone and smashed the same severally on the head of the deceased until he died. A1 appeared possessed as he even injured other people who tried to rescue the deceased.
7. His conduct can only be described as deplorable and inhuman. As pointed out he had earlier on injured another person and this shows that he is a violent person and dangerous in nature.
8. This negative history is also captioned in the Pre-sentence report – on community’s attitude: The report shows that there are several conflicts and violent incidences associated with A1. It also shows that he has previous conviction and the community is hostile towards him.
9. The Investigation Officer described him as wanted man.
10. These negative reports do not touch on the other 2 accused persons. They were first time offenders and they were caught up in the moment. It is however not lost to the court that their participation led to a loss of life.
11. In as much as their advocate prayed for a non-custodial sentence, the court finds that they need a custodial sentence for proper rehabilitation and also to serve a lesson to other people who participate in mob injustice. The victims also need some retribution.
12. Accordingly, I sentence-
A2 – Hisham Azar and
A3 – Abubakar Athman Ali alias ABU to four (4) years in prison from the date of conviction 15/5/2025.
13. As for A1, Ali Mohammed Ahmed alias Munga, I have noted that he is a violent and dangerous man and ought to be kept away from peaceful members of society. He is sentenced to a prison term for the remainder of his life.
14. Right of Appeal against both the judgment and sentence explained to the 3 accused persons in Kiswahili.
Dated, signed and delivered in Open Court/online through MS TEAMS,
this 30Th day of JULY 2025
HON. LADY JUSTICE W. K. MICHENI
JUDGE
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