One of the three men found guilty of carrying out the Garissa University terror attack was sentenced to jail for life.
Rashid Charles Mberesero, 25, was found hiding under a bed in one of the cubicles. He also admitted to a probation officer that he was going to join al Shabaab terrorist group.
His two co-accused, who were not arrested at the scene of crime, were sentenced to 41 years in prison.
The prosecution proved that Mohammed Abdikadir, 35, and Hassan Aden Hassan, 28, were in constant communication with one of the attackers killed at the university.
After Mberesero's arrest, a bag belonging to him was recovered. Inside was a book where he had left a whole page farewell message. In the message addressed to a brother Yasin, Mberesero professed his readiness to be a Jihadi. He said he was already a commander.
The three were convicted of three offences: conspiracy to commit a terrorist attack, committing a terrorist attack and being members of a terrorist group in a 2015 attack where 148 lives were lost.
Abdikadir and Hassan were convicted after SIM cards recovered from them were found to have been used to contact one of the attackers who was killed.
A fourth suspect Sahar Diriye Hussein was acquitted of all charges after the judge found no link between him and the other accused.
In his ruling, chief magistrate Francis Andayi said the attackers must be punished according to the law as the lost lives were helpless, vulnerable and innocent herded to their slaughter house.
“The perpetrators must and will be punished according to the law in the offence. I take into consideration that the accused have been in custody for about four and half years,” he said.
The magistrate regretted that a message intended to the government, which is the ultimate goal of terrorism, should be sent at the cost of the lives of its citizens
“Terrorists hurt individuals even though its ultimate goal is aimed at the state. Many lives were lost and members of public were left in a state of panic and fear,” he said.
The prosecution had asked court to sentence three men found guilty of the terrorist attack in Garrissa to 60 years. The prosecution led by Duncan Ondimu asserted that the three, despite being first offenders, caused multiple gruesome deaths.
They said very dangerous weapons were used in accordance to testimony by two witnesses gave details on the type of weapon used during the attack and a bomb disposal expert.
“The bomb disposal expert gave details on the grenade used and other riffles, all that were dangerous weapons only used by law enforcers,” said the prosecution.
Ondimu said considering the injuries the victims sustained and the gruesome death some of the students had to face, should guide the jail term given by court.
He said the actions showed the attack that lead to the death of 148 was intricately planned by a group of terrorists and the psychological effects experienced by the victims.
“From their testimony, they went through a traumatic experience in their testimony. The second accused was on wheels and most will live with that all their lives,” he said.
Ondimu also urged court to consider the vulnerability of the students who were unarmed and unable to fight back with persons with such weapons.
“They were placed on vulnerable positions where they face their gruesome deaths,” he said.
The prosecution also noted the effects the attack had on national security and wider public interest.
“60 years will serve ends of justice. Though it won’t bring back the lives that were lost, it will pass a message that such actions won’t go unpunished,” he said.
The defense argued for a more lenient term insisting that ‘an eye for an eye’ will only serve the terrorists’ mission.
“A sentence that will reform the three is what is appropriate and not 60 years which is our life expectancy. 60 years is a murder sentence,” said Mbugua Mureithi, defence counsel.
