Death row convicts likely to line up for review of their sentencing

The Supreme Court of Kenya Photo: Courtesy

On the night of July 14, 2005, Catholic Bishop Luigi Locatti was brutally murdered at the Isiolo Catholic Diocese compound.

On another night, January 29, 2008, former Embakasi MP Melitus Mugabe Were was butchered outside his gate at Woodley Estate, just two months after being elected in 2007.

Their killers, who were all found guilty and sentenced to death, are among thousands of death row convicts likely to line up for a review of their sentencing following the Supreme Court’s declaration that the mandatory death sentence is unconstitutional.

The court’s decision has opened a can of worms, with many convicts sentenced to hang for committing some of the most heinous crimes in the country getting the opportunity to have their terms reduced or acquitted, depending on the number of years already served in jail.

Bishop Locatti’s murder in 2005 at Isiolo’s Catholic Diocess shook the Catholic faithful, with investigations revealing the plot was hatched by Father Guyo Waqo, who was sentenced to death alongside his co-accused who executed the plan.

According to the case, Father Guyo recruited and paid his co-accused to kill the bishop over a disagreement in soliciting for donor funds.

Apparently, there was bad blood between the priest and the bishop after he was warned to stop seeking donor money.

A video recording played in court showed one of the convicts confessing how Bishop Locatti's killing was planned and executed.

The convict was recorded telling the police that a certain Catholic priest (Father Guyo) approached him to participate in the murder and was introduced to five other people, and together with the priest hatched the plot to kill Bishop Locatti.

He said they were provided with three guns and on the night of July 14, 2005, driven to the bishop’s residence where they were taken to a dark house with only one mattress.

When the bishop heard the commotion in the compound, he came with a security man to establish what was happening. It was then that he pulled the trigger and shot Locatti. He said the operation took about 20 minutes before they escaped using different routes.

Father Guyo, his co-accused Mohamed Molu, Aden Ibrahim Mohamed, Mahati Ali Halake and Roba Balla Bariche were all found guilty of the murder and sentenced to death.

On his part, Mr Were did not enjoy life in Parliament after being felled outside his Woodley Estate home on January 29, 2008, just two months after being elected in office in 2007.

On the fateful day, Were left his home in the morning for Parliament buildings where he stayed with friends until 1pm before going to a meeting.

He later left for a club along Lenana Road to meet a woman who wanted to sell him a car. At 11pm, he dropped the woman at her house in Imara Daima estate and headed to his home alone.

It was then that his killers struck at the gate before the watchman could open for him.

Were’s widow had testified she heard three gunshots and when she came out, she found her husband lying next to his car. She took him to Nairobi Hospital where he was pronounced dead on arrival.

As a result, Justice Luka Kimaru found James Omondi alias Castro, Wycliffe Walimbwa Simiyu alias Zimbo and Paul Otieno alias Baba guilty of the murder and sentenced them to death.

The killer of former Gatundu North MP Patrick Muiruri’s son in 2009 could also benefit from the Supreme Court’s decision if he decides to seek fresh hearing of his sentencing.

Dickson Munene, a former inspector of police, was sentenced to death for killing James Ng’ang’a Muiruri on January 24, 2009 along Waiyaki Way in Westlands, Nairobi.

Dr Muiruri, his brother John Gachera Muiruri and a neighbour, Ms Jedidah Okudo, were having a drink at a club when Munene and his friend, a Mr Chepkonga, arrived and had a disagreement with Muiruri.

After being separated from the ensuing scuffle, with bouncers holding back Chepkonga, Muiruri got into his car with his brother on the wheel and drove away.

Munene gave chase in his car to apparently arrest Muiruri.

A few minutes later, Chepkonga followed him in a silver Mercedes. Witnesses told the court Munene raced ahead and blocked Muiruri's car from the front while Chepkonga blocked him from behind.

Another scuffle ensued and Munene shot Muiruri three times in the stomach and on his private parts.

The wife of a former senior Central Bank employee was sentenced to hang for hiring hitmen to kill her husband has also been given a lifeline by the judgement.

Janet Karamana had been found guilty of planning the October 23, 2009, attack that left Moses Gituma in a vegetative state until he died on March 2, 2010.