Three men linked to Garissa University attack get life and 41 years in jail

Garissa University attack terrorists Rashid Charles(left) Mberesero Hassan Edin and Mohamed Abdi at a Milimani court during the sentencing of their case. [George Njunge/Standard]

A court has handed life and 41 years sentences to three men linked to the 2015 Garissa University attack.

Two convicts, Hassan Edin Hassan and Mohamed Anika were jailed for 41 years, as the court found that they did not directly participate in the attack.

However, Rashid Charles Mberesero, a Tanzanian, was slapped with a life sentence as he admitted that he was actually travelling to Somalia to join the Al- Shabaab terror group.

Nairobi Chief Magistrate Francis Andayi observed that the State presented 150 criminal counts against the three.

He, however, said they ought to have been consolidated to one charge.

Mr Andayi said he convicted the three for three charges - planning a terror attack, being in a terror group and conspiracy to carry out a terror attack.

For conspiracy to carry out a terror attack, Hassan and Anika will each serve 15 years, which will be reduced to 10 and a half years as they have already spent four and a half years in jail.

The two will also serve 25 and a half years for the second offence for planning a terror attack. The two sentences will run concurrently.

For being members of a terror group, Hassan and Anika will serve 20 years and will be reduced by four and a half years. This sentence will run consecutively which leads to a total 41 years.

Mberesero will, however, serve life for the first offence, while the others were put in abeyance.

While sentencing the three, Andayi said the sentence factored in the rival pleadings by the State, which sought a harsh sentence, and the convicts - Anika, 35, Hassan, 28, and Mberesero, 25, who sought leniency.

"There is no one in the world who does not appreciate the devastating adverse effect of terrorism... people were harmed and others were left in a State of panic," said Andayi.

The case is the first of its kind in Kenya, where terrorists who killed a mass of people were tried and convicted.

According to the magistrate, his sentence also considered that students were huddled together and mercilessly killed.

"The acts of terrorism hurt many people, although it is targeted at the Government. It is unfortunate that the message to the Government should be sent at the cost of life of citizens," he observed.

The State wanted the three jailed for 60 years.

The State, through Assistant Director of Public Prosecutions Duncan Ondimu, argued that the number of years would help the three reflect on their actions and learn a lesson.

Mr Ondimu urged Andayi to consider, while sentencing, the lives lost in the 2015 attack and the horror it caused victims who survived.

Prosecution told the court that although the three convicts were first offenders, the attack claimed 148 lives.

According to the State, the weapons used in the attack were meant to either maim hugely or kill.

Ondimu also argued that the victims were unarmed students who could not have fought back.

"The other issue is the multiple of victims. From the charge sheet, 148 humans died. This is by no means few, even if it was one death,” argued Ondimu.