UNHAPPY WITH JUDGMENT

Four convicted of Monson's death to appeal against jail sentences

Defence lawyer terms sentence harsh, but DPP and family of the late Briton say it is too lenient

In Summary
  • Judge Ogola found the four officers guilty with a lesser charge of manslaughter.
  • But defence lawyer Jared Magolo said there was no evidence for the offence.
Muhuri's Francis Auma, Hillary Monson and Lord Nicholas Monson at the Mombasa law courts at a past hearing.
ORDEAL: Muhuri's Francis Auma, Hillary Monson and Lord Nicholas Monson at the Mombasa law courts at a past hearing.
Image: BRIAN OTIENO

Four police officers convicted of the death of Briton Alexander Monson plan to appeal against their jail sentences.

On Monday, Judge Erick Ogola found Naftali Chege, Charles Munyiri, Ismael Baraka and John Pamba guilty of a lesser charge of manslaughter in the death of Alexander.

Judge Ogola said the four should be held responsible for the death of the 28-year-old on May 19, 2012, in Diani.

But the accused said there was not enough evidence to convict them, hence the decision was unfair.

Chege was sentenced to 15 years, out of which five were suspended, while Munyiri was jailed for 12 years, with six being suspended.

Baraka was jailed for nine years, but five were suspended, while Pamba will serve six years, having been sentenced to 12.

The jail terms were based on the degree of involvement of each accused person.

Defence lawyer Jared Magolo said they would appeal against the decision. He said Ogola, in his own judgment, admitted that the evidence was only circumstantial.

The lawyer said the evidence adduced was not sufficient to convict the accused of manslaughter, hence the court ought to have acquitted them.

β€œIn his judgment, there was not enough evidence to link the four accused with manslaughter. The accused never defended themselves on that offence; therefore; no one knows the truth,” Magolo said.

On the other side, the Office of the Director of Public Prosecution also plans to appeal, citing leniency in sentencing.

"Yes, we will be appealing against the judgment,” Assistant DPP Alexander Muteti said.

Muteti sentiments came after Alexander's parents expressed their dissatisfaction with the court decision.

His father, Lord Nicholas Monson, 66, said he had expected a heavier punishment given the ferocity of the offence committed.

Monson further said even though the accused will spend part of their lives in prison, the sentence was too lenient.

Alexander's mother, Hillary Martin, said even though she was not an expert in legal matters, she did not expect such leniency.

"I'm not the judge, but as a mother who lost her only son and spent 10 years of her life searching for justice, that is not something I'm happy with,” she said.

 

-Edited by SKanyara

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