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.” H Metro
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