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Court in Nairobi has earlier today Wednesday 3rd July, 2019 sentenced a one Rashida Charles Mberesero to life imprisonment and other two jailed for 41yrs after court found them guilty of the Garissa University terror attack that claimed over 148 lives.
The first and second accused – Mohammed Abdi Abdikar, Hassan Edin Hassan – were jailed for 41 years as they were considered first offenders since they did not have any prior cases in court. The fifth accused person, Rashid Charles Mberesero was however sentenced to life imprisonment since he was found at the scene of the crime.
“The (fifth) accused person had indicated he was going to join Al-Shabaab in Somalia and he was found at scene of the crime. I sentence him to life imprisonment for committing a terrorism act,” ruled Chief Magistrate Francis Andayi.
“I have noted that the two accused persons (first and second) are remorseful, they were not found at the scene of crime and were arrested at different places in Garissa and Mandera. Evidence against them does not make them as principal offenders but secondary offenders.”
Abdikadir and Hassan were charged with conspiracy to commit the terrorism act, committing a terrorist act and being members of Al-Shabaab.
State Prosecutor Counsel Duncan Ondimu, however, wanted the three jailed for 60 years, urging the court to consider the weapons and injury inflicted on the victims.
“The students who died, the injury was clearly stated in the postmortem report and as court pointed out, they died a gruesome death. This clearly show that the attackers and the convicts’ actions were clearly premeditated,” Prosecution quoted.
He further submitted that court should consider multiple victims, from the charge sheet, 148 human beings died, which he insists is by no means few.
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Lawyer Mbugua Mureithi, representing Abdikadir and Hassan, asked the court for leniency saying the two were remorseful over the conviction. He argued that his clients were first degree offenders and that they never pulled the actual triggers of the guns recovered at the university.
Mr.Mureithi said the 60yrs sentence as had requested by the prosecution was similar to death sentence since Kenya’s human life expectancy stands at 60yrs.
