Sentence us afresh, death row convicts now urge Supreme Court
Two murder convicts, whose petition resulted in the abolition of the mandatory death penalty, yesterday pleaded with the Supreme Court to sentence them afresh after reportedly suffering frustrations in the High Court for the last two years.
Former Administration Police inspector Francis Karioko Muruatetu and businessman Wilson Thiribu, who has been in prison for more than 15 years, protested that they had appeared before the High Court 22 times for hearing on mitigation and sentencing in vain.
Muruatetu said he suffers from diabetes and was languishing in prison while Thiribu gave a chronology of their tribulations as their communication to authorities seeking to know their plight remained unanswered. About 280 inmates were awaiting the outcome of their pending hearing on mitigation and sentencing, he said.
They, alongside five others, were found guilty by High Court judge Msagha Mbogholi of killing land dealer Lawrence Githinji Magondu in Kitengela on February 4, 2000, and their appeal was dismissed on May 20, 2011.
They had been jointly charged with former Commissioner of Lands Wilson Gacanja and his wife Elizabeth Gitiri, but the couple was acquitted.
In yesterday’s session, the Attorney General came under fire for failure to obey orders requiring him to provide a progress report on the matter.
“We will mention this case within one month to give directions,” Supreme Court judges David Maraga (Chief Justice), Ibrahim Mohamed, Jacton Ojwang, Smokin Wanjala, Njoki Ndung’u and Isaac Lenaola said.
