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Mathew Masinge
A TEENAGE boy, who was about to write his O’ Level examinations, was shot five times in the head after he was mistaken for an intruder at a house where he used to work.
The shooter, Humphrey Gara, was convicted of culpable homicide after claiming he acted in self defence.
Gara has been sentenced to an effective 12 months imprisonment after a full trial before High Court Judge Justice Cathrine Bhachi-Muzawazi.
He was initially sentenced to three years before one year was suspended on condition of good behaviour.
Another year was suspended on condition that he compensates the victim’s family with the amount which will be agreed by both parties.
Gara was at his mother-in-law’s house when he fired, and killed, the unarmed teenager.
Justice Bhachi-Muzawazi said the force used was not proportional to the attack, if there was one at all.
“In our reasoning, a gun is a lethal weapon matched only to another gun or modern weaponry.
“In that regard, we made a finding that by discharging five bullets onto the deceased’s human torso, the accused exceeded any possible limit of self- defence, if any, and was both reckless and negligent in causing the death of the accused.”
The judge said it Gara never showed remorse by neglecting to assist during the teenager’s funeral.
“From the enquiry, however, it showed that he never made any meaningful efforts to engage or compensate the deceased’s family three years after the commission of the offence.
“Representatives of families should have been involved to broker some common ground for traditional compensation or restorative justice mechanisms.
“Further, aggravatory is the manner in which the deceased was killed. Several lacerations synonymous to bullet wounds were found on his thorax area and one on the forehead.”
Online Reporter
