Court sentences man to death for killing Mombasa policewoman, judge notes accused is obedient

Abduba Guyo Wada follows the proceedings as High Court Judge Justice Martin Muya was delivering his sentence in a murder case where he was found guilty of the murder of his girlfriend Milga Abdilahi. [PHOTO: GIDEON MAUNDU/STANDARD]

KENYA: The family of a policewoman killed in Mombasa two years ago broke into celebrations in court after a man charged with her murder was sentenced to death.

But their honey turned out to be Abduba Guyo Wada's poison. Mr Abduba almost fainted after the judge found him guilty of murder and sent him to the gallows, as the law demands.

Abduba was set to marry the late police constable Milga Abdullah, who was then 23, before they quarreled bitterly and he killed her on January 29, 2013 at the police dog section in Kisauni.

Abduba, who had to be supported by court orderlies after the shock by the judge's verdict, sweated profusely as the prison warders led him to the underground cell.

Muslima Talisma Guyo, the slain officer's mother, thanked God that at long last her daughter's killer was given what he deserved.

"How can someone kill my daughter and he is left to walk freely the way he was doing?" Ms Talisma wondered, referring to when Abduba was granted bond during the trial.

CUSTODIAN SENTENCE

Other relatives, mostly women, who thronged the court burst into jubilation after Justice Martin Muya read the judgement that sealed Abduba's fate. Earlier, Abduba's lawyer Jared Magolo told the court to put the accused on probation because he was remorseful and had reformed.

Mr Magolo told the court that his client had six siblings who solely depend on him, adding that if he was given a custodian sentence his six-months-old twins would also suffer.

As Muya read the judgement, Abduba could afford to smile a few times but turned pale when the judge rejected his mitigation.

The  judge concurred with Magolo that the accused had reformed and was a very good citizen, who despite living at the border of Kenya and Somalia, did not cross over to Somalia following the charge he was facing.

"I agree with Magolo that the accused has been attending his trial without fail, showing he was an obedient citizen," Muya said.

The judge agreed with Magolo that there are cases where judges had discretion to put accused persons found guilty of capital offence on probation.

He, however, said despite the new Constitution, which addresses human rights, the sentence prescribed for murder is only death.

"It is true you were assaulted by the girl and reported the matter at Nyali Police Station but you could have gone back to the house and reconciled if it is true you were lovers," Muya said.

He continued: "Instead of reconciling you fled to Isiolo. If you knew you had quarreled and had a scuffle why didn't you go back to the house and find out what had happened to your lover."

AUTOPSY RESULTS

The judge said Abduba's action showed very clearly that he had planned to kill Milga, adding that the guilty are always afraid.

The judge said there was evidence that the two were lovers and there was a point when Abduba had even informed the girl's mother that he wanted to marry her.

Muya said that before the report about Milga's death, the two were in the same house at police quarters at the Dog Section.

Government pathologist Ngali Mbuuko said autopsy results showed Milga was strangled.