BY SAM ALFAN.
Two men sentenced to 41 years in jail over the attack at Garissa University seven years ago in which 147 people mostly students died will in October know whether he High Court overturn their jailing.
While making their final submissions Hassan Edin Hassan and Mohamed Abdi Abikar told Justice Cecilia Githua that the sentence imposed on them by trial magistrate was harsh and excessive.
The Director of Public Prosecution, however, urged the court to uphold their conviction and sentencing saying it was appropriate given their heinous acts.
Principal prosecution counsel Duncan Ondimu argued that the appellants did not state the reason why they were of the opinion that the sentence was harsh and excessive.
“It is clear that the trial court considered both mitigating and aggravating circumstances in passing the sentence,” Ondimu said.
Ondimu added that taking into account all the evidence on record adduced by the Prosecution and in the circumstances of the case, the Prosecution has discharged its burden.
He added that Prosecution evidence was not in any way discredited by the defence during cross-examination and the trial court rightly convicted the duo.
“It is clear that the trial court considered both mitigating and aggravating circumstances in passing the sentence and the trial court further considered the period that the appellants were in remand,” he said.
Ondimu told Justice Githua that he defence during cross-examination and their submissions sought to point out that there were several contradictions and inconsistencies in the prosecution’s case, without success.
“We do submit that there were no contradictions nor inconsistencies and even if they were there, they are minor and do not go to the root of the prosecution case hence the court should ignore them and the minor inconsistencies (if any) were satisfactorily explained and this shows that prosecution witnesses were truthful,” submitted Ondimu.
He asked the court to dismiss the appeal.
One of the convicts Mberesero was sentenced to life in prison but he committed suicide at Kamiti Maximum prison.
The two were part of five suspects charged with April 2015 terror attack.
Two others were discharged after the court ruled that they did not play any role in the attack.
