By Andrew Kariuki
The Kajiado High Court has sentenced three individuals to two years imprisonment for the murder of their caretaker after finding them guilty of manslaughter.
The Two, Samuel Simel Semeyian and Benjamin Roinet Notary as alleged to have committed the offence in Kajiado and were subsequently committed to jail by Lady Justice Christine Meoli.
The three had originally faced murder charges under Section 203 as read with Section 204 of the Penal Code ,but the court, after a full trial, determined that the evidence supported a conviction for manslaughter instead.
The court heard that after an altercation arising at a construction site when the deceased caretaker refused to allow the accused to carry out works for which they had been hired. Although others may had been involved in the melee, The accused were key actors in the assault leading to the injuries from which the deceased died.
While the deceased disrupted the construction work thereby causing anger among workers assembled at the site, the ensuing assault was vicious and disproportionate.
“There can be no justification for the Accused persons taking the law in their hands and their use of crude weapons against the deceased as happened here.” the court ruled.
During sentencing ,the prosecution indicated that the accused persons were first time offenders and that they were young individuals engaged in casual labour. However, the reports also raised concerns about possible stigma in the community and did not expressly recommend non-custodial sentences.
In its analysis, the court emphasized that sentencing is a critical component of the justice system and must be fair, proportionate and guided by both the nature of the offence and the circumstances of the offenders.
The court also referenced key legal precedents, including the Supreme Court decision in the Muruatetu case, which affirmed the importance of judicial discretion in sentencing and the need to consider mitigating factors such as age and first-offender status.
The matter proceeded to sentencing, with the court expected to issue a final determination based on the principles of justice, proportionality, and the circumstances surrounding the offence.
