In Summary
  • Zahir Osman Ali admitted the charge of killing his 10-year-old brother through dangerous driving
  • The accused, who sobbed for the better part of the five minutes’ judgement, said he was remorseful over what had happened on November 26, 2018.
  • The magistrate noted that there was no value in applying physical sentence on Ali.

A motorist in Mombasa who pleaded guilty to causing the death of his 10-year-old brother through dangerous driving was Thursday set free "to live with the consequences of his action".

Zahir Osman Ali who admitted the charge of killing his brother through dangerous driving was in disbelief when Mombasa Resident Magistrate Christine Ogweno read his sentence.

The accused, who sobbed for the better part of the five minutes’ judgement, said he was remorseful over what had happened on November 26, 2018.

He faced a maximum of ten years imprisonment if the magistrate had opted for a custodial sentence. The court could also have exercised its powers to cancel his driving licence.

The magistrate, however, noted that there was no value in applying physical sentence on Ali.

JUSTICE

“I find no value in meting any other physical sentence. Let the accused live with the consequences of his actions. The accused is discharged,” she said.

In her judgment, Ms Ogweno noted that it was the court’s view that the resultant death of Rehan Kassim is punishment enough for the accused person even though sentence is meant to deliver justice to the victim’s family.

In mitigation, Mr Ali pleaded for leniency and said that the victim was his brother and that the matter was weighing down on the family.

“The deceased is the accused person’s brother, the witnesses are all family members and the matter has taken a toll on the family. We pray for leniency,” the accused said through his lawyer.

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