Brother's killer to serve seven years in jail

Drunkenness is nothing but voluntary madness, these are the words of Roman philosopher Seneca, words that Lekutok Lowakub can probably relate to.

Lekutok's drunkenness on April 1, 2020, led to an incident that not only changed his life forever but also that of his family.

On that day, Lekutok and his brother Kanyato Lowakub started drinking from around noon at his manyatta.

It is at this time that Kanyato told Lekutok that he was going to kill him, which the latter might have taken as a joke.

At around 6 pm, Kanyato left to assist their children in bringing in cattle from the grazing fields. 

He took charge of the animals relieving Lekutok's son off the duty then took the cattle towards his manyatta, which was 100 metres from that of his brother.

Missing his cattle at his home, Lekutok went to his brother's to inquire why he had kept them.

When he got there, Kanyato, who was waiting for him started beating the other man's cattle.

Lekutok asked Kanyato why he was canning them.

In response, his brother told him he was taking the animals to their late father.

This led to an argument, which escalated into a fight with Kanyato drawing a knife and cutting his brother's second finger of his left hand.

He also broke Lekutok's fifth finger and told him he was going to cut his neck.

He then abandoned the knife for a while and started beating his brother with his Samburu rungu.

When Lekutok fell, true to his word, Kanyato scratched his neck, head and shoulder before the former managed to fight him off.

He got hold of the knife and stabbed Kanyato in his right thigh, causing him to fall.

Their wives, who were unable to separate them screamed for help and a neighbour answered.

He got to the scene but it was too late to go to the hospital as Kanyato had bled to death. 

Lekutok was arrested and arraigned where he pleaded guilty and was charged with manslaughter.

Cambridge University defines manslaughter as the crime of killing a person when one did not intend to do it. 

On June 27, 2023, Lekutok's probation officer filed a pre-sentence report stating that Lekutok was remorseful of the offence.

A pre-sentence report is prepared to help the judge decide what sentence to give.

The court heard that the brothers had lived without enmity, until that fight that left one dead.

Lekutok blamed alcohol for the incident of that evening and prayed for leniency in sentencing.

He urged the court to consider releasing him on a non-custodial sentence to help him fast-track reconciliation with his brother's widow and children.

The probation officer told Meru High Court Judge Edward Muriithi that the deceased's family appeared to have no vengeance attitude or bitterness towards Lekutok.

She recommended that the man be considered for a probation sentence, promising that her office was going to work with the relatives, village elders and area chief to assist in the reconciliation and reintegration process.

In mitigation - this is where the offender tries to plead with the judge for leniency - Lekutok's counsel said the man has eight children and sought a noncustodial sentence for the sake of their upkeep.

The lawyer also pointed out that the man had been injured by his brother during the fight, putting forward the hospital discharge summary.

He also pleaded for leniency saying he was desperate having lost his cattle and goats in the dry season during his incarceration. 

Opposing the non-custodial plea, the prosecution said the same would be setting a wrong example that it is okay to kill your sibling.

The Director of Public Prosecutions also pointed out that being intoxicated did not render one too ignorant as to not know the difference between right and wrong.

It however considered the injuries Lekutok sustained and noted that he should not suffer life imprisonment. 

After determining the case, Judge Muriithi however concluded that the court could not accept the recommendation of a probation sentence.

"The court is unable to accept the recommendation of a probation sentence in the matter as it considers that the circumstances of killing in a fight while drunk, and its noted prevalence, requires a deterrent sentence even though one that reflects the diminished responsibility occasioned by drink impaired mental faculty," he said.

He, however, agreed with both the pre-sentence report and the prosecution that it is an appropriate objective to seek Lekutok's re-integration into his society.

Further, he agreed with the state in its submission that the aggravating circumstances outweigh the mitigation circumstances.

The judge also considered that since the killing happened in a drunken fight and Lekutok suffered injuries, this reduces his blameworthiness. 

Among the objectives of sentencing is deterrence or discouragement of the committal of an offence by punishing it severely.

Judge Muriithi said drink-driven unlawful killing is to be deterred by custodial sentencing which permits discipline, correction and acquisition of trades, skills and lifestyle conducive to the rehabilitation of the offender into his society.

"At the age of 43, a sentence of imprisonment for seven years still allows his correction, reform and preparation for the accused’s reintegration into society at the socially productive age of 50 years," he said.

In the judgement delivered on August 16, 2023, Judge Muriithi sentenced Lekutok to seven years in prison running from April 16, 2020.

This is to take into consideration the time he spent in remand during the trial.

This means that Lekutok has four more years in jail.