BY SAM ALFAN.
Businessman Leonard Kanari Gitui who shot and killed a credit officer in a suspected love triangle has been sentenced to six years in prison.
Gitui was found guilty of killing Christopher Muganda at Garden Estate in Kasarani, Nairobi County in 2016. “I find that the most appropriate sentence to give to the accused is six years imprisonment,” Justice Jessie Lesiit ruled.
The judge said after considering all the facts, circumstances and reports on record, the businessman deserved a custodial sentence.
Gitui had pleaded with the court to be handed a non-custodial sentence. In mitigation, he said he is well known man for his generosity and philanthropy. “Unfortunately for the deceased, he is gone forever. The accused still has a chance to resume his life after all,” Judge Lessit said.
While delivering the sentence said that Justice Lesiit said that Gitui used excessive force when he shot dead Muganda, who was unarmed.
Kanari Gitui was convicted over manslaughter charges in August.
Lady Justice Jessie Lessit discharged the businessman of the murder charges which he was initially facing and substituted it with manslaughter.
The judge found that the convict shot the deceased Christopher Muganda Adagi who was a credit officer in the circumstances of provocation and in heat of passion but did retaliate by using excessive force.
Muganda’s girlfriend testified that the deceased and the accused got into scuffle when they met in the corridor while the accused was leaving the house.
The judge in her judgement questioned how many men would have strength to walk away after they find a stranger walking from their girlfriend house.
“I find the offence of manslaughter contrary to section 202 of the penal code proved beyond reasonable doubt and therefore substitute charge of murder with that of manslaughter”, ruled Lessit.
Kanari was accused that on the night of May 26 ,2016 at Icon Flats Garden Estate of Kasarani in Nairobi murdered Christopher Muganda Adagi.
He denied the murder charges and was released on a on a bond 5 million with surety of similar amount after spending eight months in custody at industrious area prison.
While closing the case, Prosecution urged the High Court to find insurance broker Leonard Kanari accused of killing a credit officer in an alleged love triangle scuffle involving Eda Wathithi Kamau has a case to answer.
Prosecution also urged the trial judge to hold that the Nakuru businessman was behind the death of deceased claiming they have proved their case.
In their submission the state said that they will rely on the evidence of 11 prosecution witness as they have proved there was death as a results of a gunshot.
They also informed the trial Judge that the accused was at the scene of crime and asked the court to find the accused was armed these was confirmed by the ballistic expert.
Kanari through his lawyer in his defence has urged the court to find that there was no sufficient evidence that he had the intention or malice to cause death of the deceased.
“We humbly urge the court to find that the accused has no case to answer and acquit him,” urged the accused.
They submitted that the prosecution has not adduced sufficient evidence which in the absence of a defence the court can convict the accused of the offence of murder.
“There is no evidence whatever doubt that the accused either shot the deceased or that his gun was was used to shoot the deceased,” submitted defence.
Kanari surrendered his gun o of May 31 ,2016 at Kasarani police station and recorded after the said crime was committed.
During the hearing a House girl Risper Munala to Eddah said she knew the deceased Andagi. She said on the fateful day,she heard the deceased calling the seven year girlfriend who told her to open gates. She later went to the bedroom back to sleep .
Munala testified that after about fifteen minutes , she heard a familiar voice screaming , ” why are you shooting me?” at that point in time, she was afraid of what was happening and went to the sitting room and found the door to the house open.
She found her boss Eddah seated on the chair facing outside. She added that Adah was having a monologue while trying to dial on her phone and at that point, she noticed the deceased, Andagi lying on the floor next to the door one meter away.
“This was distance between Edinah and the deceased. The deceased lay on the floor facing up. I did not speak to the deceased,” said Munala.
She testified that the deceased was injured on the left side of his stomach, there was bleeding, the deceased was talking to himself while his girlfriend Adah was just sited. She offered the deceased water to drink . The deceased took a bit of water and also gave the deceased a pillow from the seat.
A Government pathologist Johnson Oduor testified that there was an entry gunshot wound on the left side of the stomach and there was not exit wound of the bullet.