Garissa terror attack: Court to deliver judgement on appeal in October

Hassan Edin Hassan, Mohamed Abdi Abikar and Rashid Charles Mberesero at Milimani Law Courts, Nairobi. Photo/Courtesy

The judgement of an appeal by two men serving 41 years in jail over the Garissa University terror attack that left 148 students dead will be delivered on 19th October 2022.

The two, Hassan Edin Hassan and Mohamed Abdi Abikar told Justice Cecilia Githua that the sentence meted was harsh and excessive.

The two were part of four suspects charged with April 2015 terror attack.

Sahal Diriye Hussein, the fourth suspect, was acquitted for lack of sufficient evidence.

One Rashid Charles Mberesero, a Tanzanian national, was sentenced to life in prison. However, he committed suicide thereafter while serving at Kamiti Maximum prison.

The three were sentenced on 19th June 2019 by the then Chief Magistrate Francis Andayi.

After the sentencing, Hassan and Abikar filled their appeal.

The Director of Public Prosecution urged the High Court to uphold the trial courts decision to sentence the convicts to 4 decades in jail.

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.

The State asked the court to dismiss the appeal for lack of merit.