South Sudan refugee to serve two years in jail for killing uncle

FILE - An aerial view shows recently constructed houses at the Kakuma refugee camp in Turkana District, northwest of Kenya's capital Nairobi, June 20, 2015

A young refugee who was accused of killing his uncle at Kakuma refugee camp by stabbing him with a kitchen knife has been sentenced to two years in jail.

The accused, ML was charged in 2021 with the death of his uncle after a quarrel at the camp.

He was convicted of the offence after the prosecution proved its case against him.

The prosecution urged the court to treat him as a first offender since he did not have a past criminal record.

In mitigation, ML through his lawyer Maryanne Kariuki pleaded for a lenient sentence.

Kariuki indicated that the accused was arrested at a tender age of 14 hence he was not aware of the legal or factual consequences of his actions.

The lawyer further stated that the accused is a child refugee who fled civil war in Southern Sudan therefore he is in need of protection and guidance as a minor.

"The accused is unable to trace his family which he left in Southern Sudan. The accused is remorseful and had no malice aforethought," the court was told.

The court was beseeched to be lenient to the accused.

In a judgement delivered by the high court in Lodwar, Judge Joseph Sergon on May 31, considered the probation pre-sentence report.

In the report, the judge said the accused was a youthful offender who was residing with his younger brother aged 17 at Kakuma Refugee Camp.

It is pointed out that the accused recently completed Standard 8 while in custody at Kakuma GK Prison.

"It is also indicated that the family is ready to forgive the accused and are willing to accept him back home so that he can continue with his education," the judgement reads.

Sergon also considered the mitigating factors and the fact that the accused was a first offender.

He took into account the fact that the accused was a youthful offender hence he should be dealt with under section 239 (1) (g) of the Children Act No 29 of 2022.

This court also took note that the accused has been in custody for 1 ½ years and formed the opinion that he should be dealt with under section 239(1)(g) of the Children Act.

"Having considered the mitigating factors in its totality, I find that a short custodial sentence is appropriate. The accused, ML is hereby sentenced to serve two years imprisonment," Justice Sergon ruled.