Mombasa Resident Magistrate Christine Ogweno on Thursday freed a man who had pleaded guilty to the murder of his 10-year-old brother.
Unexpected ruling in case of man who killed his 10-year-old brother
Judge gives a ruling not many would expect
Zahir Osman Ali admitted to the court that he caused the death of his young brother through dangerous driving.
In her judgment, Ogweno told the accused that the punishment of his crime would be "to live with the consequences of his action".
Osman sobbed for the better part of the judgment reading as he expressed his remorse over the November 26, 2018 incident that killed his brother.
Rehan Kassim Succumbed to Serious Head Injuries
According to the charge sheet, Osman's brother Rehan Kassim, succumbed to serious head injuries at the Mombasa Hospital.
He sustained the injuries after the car Osman was driving rammed into the Mombasa Law Courts roundabout.
Osman was reported to have been driving at a high speed and in a reckless manner on a public road.
The criminal offense Osman admitted to attracted a maximum of 10 years in prison and even have the accused man's driving license canceled by the court.
Magistrate Ogweno, however, noted that the resultant death of Rehan Kassim was punishment enough.
"I find no value in meting any other physical sentence. Let the accused live with the consequences of his actions.
"I note the weighty facts presented herein seeing that the deceased and the accused were family members," Justice Ogwen's judgment read in part.
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