•He confessed to have been part of the group that killed businessman but said he was coerced to doing it.
• Report presented before court recommended that Karisa was not suitable for a non-custodial sentence.
Image: ALPHONCE GARI
A man who confessed to murdering a Mombasa businessman will be sentenced on April 8.
Judge Erick Ogola said Ngira Karisa, who pleaded guilty to the charge of murdering Isaack Kassim, will be sentenced in accordance to the plea bargaining agreement and submissions by the prosecution.
Ogola said even though a probation report presented before the court did not favour the accused, his judgement will not be bound on it.
The report presented before court recommended that Karisa was not suitable for a non-custodial sentence. He had previously been convicted in a Malindi court and jailed for seven years before the sentence was reduced to five years.
The report further said his family could not be reached during the inquiry, making him unsuitable for a non-custodial sentence.
The report also noted that the accused did not show any willingness to adhere to court orders. It further said that despite the accused person being in custody for a long time, he was yet to show any reform.
The probation officer further said there was a possibility the accused might interfere with police efforts to arrest his brother who is also a suspect and is still at large.
“The outside environment is not conducive for his re-integration as he lacks familial or community support,” the report reads.
The report is against a recommendation by the DPP and the family for a non-custodial sentence or a jail term of less than 10 years.
Kassim’s family said they have come to terms with the death of their son whom Karisa confessed to have killed.
Karisa was charged alongside two other people with murdering Kassim on March 8 along the Mombasa-Malindi road. He denied charges but later pleaded for plea bargaining.
Kassim’s family, through their lawyer, said they have accepted the apology made by the accused who had shown remorse for his action.
“The court should consider our forgiveness while pronouncing itself during the sentencing," the family said.
The family further said it was ready to make any official statements to the court with regards to its stand.
Karisa, on his agreement statement, accepted to have been part of the people who killed the businessman. He, however, said he was coerced to killing the man as it was never his wish.
He also informed the court that he was not involved in planning of the murder.
“It is because of my remorse that I initiated the plea-bargaining process with the prosecution," Karisa said.
He said he cooperated with the police and confessed his wrongdoing to clear his conscience. “I seek the court’s forgiveness and its leniency in sentencing. I ask for a term not exceeding four years," he said.
The prosecution told the court the accused has been cooperative and truthful throughout the process of the plea-bargaining.
Senior state counsel Yamina Jamina said the court should consider the deceased’s family's forgiveness and observe lenience during Karisa’s sentencing.
“The court has the discretion to sentence him to more than 10 years or less or even a non-custodial sentence," Jamina said.