Go live with your con­science, mag­is­trate tells mo­torist who killed brother

Business Daily (Kenya) - - FRONT PAGE - Brian Ocharo [email protected]­tion­media.com

A mo­torist who pleaded guilty to caus­ing the death of his 10-year-old brother through dan­ger­ous driv­ing was yes­ter­day set free ‘to live with the con­se­quences of his ac­tion’.

Zahir Os­man Ali who ad­mit- ted the charge of killing his brother through dan­ger­ous driv­ing was in dis­be­lief when Mom­basa Res­i­dent Mag­is­trate Chris­tine Og­weno read his sen­tence.

The ac­cused, who sobbed for the bet­ter part of the five min­utes’ judge­ment, said he was

re­morse­ful over what had hap­pened on Novem­ber 26, 2018.

He faced a max­i­mum of ten years im­pris­on­ment if the mag­is­trate had opted for a cus­to­dial sen­tence. The court could also have ex­er­cised its pow­ers to can­cel his driv­ing li­cence.

The mag­is­trate, how­ever, noted that there was no value in ap­ply­ing phys­i­cal sen­tence on Ali. “I find no value in met­ing any other phys­i­cal sen­tence. Let the ac­cused live with the con­se­quences of his ac­tions. The ac­cused is dis­charged,” she said.

In her judg­ment, Ms Og­weno noted that it was the court’s view that

the re­sul­tant death of Re­han Kas­sim is pun­ish­ment enough for the ac­cused per­son even though sen­tence is meant to de­liver jus­tice to the vic­tim’s fam­ily.

In mit­i­ga­tion, Mr Ali pleaded for le­niency and said that the vic­tim was his brother and that the mat­ter was weigh­ing down on the fam­ily.

“The de­ceased is the ac­cused per­son’s brother, the wit­nesses are all fam­ily mem­bers and the mat­ter has taken a toll on the fam­ily. We pray for le­niency,” the ac­cused said through his lawyer.

The mag­is­trate con­sid­ered the mit­i­ga­tion in her judg­ment.

“I note the weighty facts pre­sented herein see­ing that the de­ceased and the ac­cused were fam­ily mem­bers,”.

Ali was ac­cused of caus­ing the death of his brother when he lost con­trol of the ve­hi­cle they were trav­el­ing in and rammed into a round­about em­bank­ment re­sult­ing in the mi­nor’s death.

The charge sheet in­di­cates that the sus­pect, be­ing the driver of the ve­hi­cle, drove it on a pub­lic road reck­lessly or at speed or in a man­ner dan­ger­ous to the pub­lic and lost phys­i­cal con­trol of the ve­hi­cle and rammed into the Mom­basa Law Courts round­about em­bank­ment.

The charge stated that due to the im­pact, the ve­hi­cle was ex­ten­sively dam­aged and Mr Kas­sim who was on­board sus­tained se­ri­ous head in­juries and suc­cumbed to the in­juries while un­der­go­ing treat­ment at a Mom­basa hos­pi­tal.

Three other fam­ily mem­bers who were in the ve­hi­cle sus­tained mi­nor in­juries and were dis­charged after be­ing treated in hos­pi­tal.

Med­i­cal re­ports in­di­cated that the de­ceased who was sit­ting at the back right seat had se­vere head in­juries thus caus­ing his death.

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