This archive report was first published on 6 July 2019.
On March 4-5, 2018, a tragic incident occurred in Marsabit, where Abu Ali, a herdsman, killed his colleague Wario Halake over a dispute about miraa-chewing. The incident has led to a guilty verdict for Ali, who has been found guilty of manslaughter.
According to the court, Ali had been working for Abdul Rahaman, herding his cattle and those of his son Gedo Guyo. The two men lived together, but their relationship was strained due to Ali's habit of chewing miraa, which Halake had complained about.
On the night of the incident, Ali and Halake got into an argument, which escalated into a physical altercation. Ali slashed Halake on the head with a panga, causing fatal injuries. The prosecution had initially charged Ali with murder, but the court found that he had no malice aforethought and therefore could not be convicted of murder.
Justice S. Chitembwe presided over the case and delivered the verdict. He stated that the killing was committed in circumstances that qualified it as manslaughter. The prosecution had presented seven witnesses, including Rahaman and Guyo, who testified about the events leading up to the incident.
Pathologist John Njau also testified, stating that the cause of death was the injuries sustained during the altercation, not the accident at Makuyu. He noted that the facial lacerations had been stitched, and the body had multiple needle puncture marks for infusing fluids.
The court has sentenced Ali to jail for his crime, and judgment will be delivered in due course.
