Two men suspected to be members of the Mombasa Republic Council have today been sentenced to death for murdering four police officers on the eve of the last General Elections at Changamwe, Mombasa County.
The duo Jabiri Ali Dzuya and Bwana Mkuu Alwan Jabu were charged with murdering Senior Superintendent of Police Otieno Owour, Chief Inspector Salim Kimutai Chebii, Constable Stephen Maithya and Constable Andrew Songira on March 3rd, 2013 in Changamwe, Mombasa County.
“The evidence placed before the court in respect of the first and second accused irresistibly points to their guilty. I have considered their defense and find it does not weaken the circumstantial evidence or provide doubts in the mind of the court. The court is satisfied that the prosecution has proven its case beyond reasonable doubt against the first and second accused on all the four counts of murder and they are convicted accordingly,” said Justice Muya sitting at the Mombasa Law Courts.
The prosecution submitted that the attacks were targeted on police officers who were overseeing the last General elections. The agenda was to stop coast residents from voting and subverting the democratic process.
“The offence of murder carries a mandatory death sentence which I find the accused persons deserve. Each to suffer death as per law provided,” said Justice Muya
Prior to sentencing, Prosecutor Alexander Jami Yamina asked the court treat the two men as first offenders as they had no criminal records. He however, urged the court to sentence them to death, nothing that it was the only punishment prescribed in law.
In mitigation Dzuya and Jabu begged for leniency, saying their families dependent on them.
The duo accused were found to have been inquest of carrying out an agenda that is contrary to the constitution. The attack on the attack on police officers were brutal and senseless observed justice Muya in his ruling.
The murders were committed on March 3, 2013at Jomv in Miritin, Mombasa County.
Justice Muya acquitted Mr Badi Said Kassim and Omar Salimu Juma who had been charged alongside the two stating that the prosecution had not proved its case against them. He said none of the prosecution witnesses saw and identified them and the evidence before the court was circumstantial.
An application by Jami for the court to reconsider part of its judgment acquitting Kassim and Juma to enable the prosecution time to make an appeal was declined.
ODPP Communication Division: By Hilary Mongera
Mombasa, Friday 29th July 2016