Court slaps Siaya brother killer with three years’ probation

A 29-year-old man is to serve three years probation and rehabilitation despite killing his brother following a fight.

This is after the accused, Michael Ohera, entered into a plea bargain with the prosecution and pleaded guilty to the lesser charge of manslaughter.

High Court judge James Makau in his verdict dated July 28, 2016 said Mr Ohera, a drug addict, ought to be given an opportunity to turn around his life and at the same time contribute to the nation.

He was accused of killing his elder brother Francis Oloo last year.

The two men, who lived in the same compound, got into a fight and Oloo is said to have charged at Ohera with a spear, but in a cruel twist of fate, he dropped it and his younger brother got to it first and pierced him in the ribs, puncturing one of his lungs.

Mr Ohero was initially charged with murder, but the prosecution reduced the charge to manslaughter when he entered into a plea bargain.

It was on these grounds that the judge gave the accused a suspended sentence.

"The Upshot is that the accused is sentenced to serve a continued probation sentence during which period he will also be subjected to rehabilitation for a period of three years all in all under the supervision and direction of the Probation Office, Siaya County," Justice Makau ruled.

In mitigation, Mr Ohera had told the court that he was the only remaining sibling in the family and he needed to take care of his widowed mother.

The court heard that she was an elderly woman who needed constant care. In his ruling, the judge observed that the accused told the court the truth about his mother.

"I have also considered that the accused is apologetic and remorseful and that in their family, he is the only surviving son and his widowed mother is elderly and alone at home with no one to support her. I have also taken into account the accused is a young man aged 29 years who needs to be guided and be given an opportunity to shape up his future and contribute to the development of the nation," ruled Makau.

"I am further made to know that the accused before the incident had taken to bad company and became an abuser of drugs in engaging in using bhang and as such needs to be rehabilitated to be a useful citizen." Ohera had already spent one year and four months in remand before his release.