Mombasa, Kenya: A man accused of manslaughter was yesterday sentenced to seven years in jail by a Mombasa High Court after being found guilty of murder without intent.
Maurice Wamalwa Wepekhulu Alisa Alqaeda an elderly man in his 50s will spend his jail term in Shimo La Tewa correctional facility for murdering Kassim Bulimo Adoli over a phone he claimed Adoli owed him.
High Court Judge Martin Muya said that he had considered that Wepekhulu was a first time offender and his probation report was clean.
“The court has taken into consideration that you are a first time offender and that also the probation is clean, I therefore sentence you to seven years imprisonment for murder without intent,” read Muya.
Wepekhulu is charged that on July 13 2013 at Bangladesh area in Changamwe District within Mombasa County, he murderd Adoli.
According to the evidence tendered in court by a witness Danson Mwendwa Muthama, a business man running a kiosk at Bangladesh, Mwepekhulu attacked and hit Adoli with a piece of wood once on the rib cage and twice on the head.
Muthama said that Adoli fell down and Mwepekhulu who was demanding his phone tried to hit him again but a bodaboda operator intervened and disarmed Mwepekhulu.
“I do recall very on the July 13 2013 at around 7 pm I was at my place of business when I heard some people quarrelling outside, I went out and found Kassim and one known to me as Alqaeda armed with a piece of wood and was telling Kassim to return his phone or else he was going to kill him and before Kassim could respond Alqaeda hit him with a piece of wood on left side rib cage and twice on the head and Kassim fell down,” said Muthama.
Muthama said that after Mwepekhulu was snatched the wood by the bodaboda operator, he went inside the house and came armed with a machete and a piece of wood seeking to kill Adoli.
Meanwhile Kassim was helped up by Muthama who asked him to report the assault to police.
Mwepekhulu hid in his relative’s house after he was disarmed by hungry members of the public who chased after him.
“Kassim was later picked up on the road by the members of the public after collapsing on the roadside and later taken to hospital where he passed away at hospital while undergoing treatment,” said Muthama.
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