Tout jailed 10 years for killing rival over Sh50 stage fees

The High Court has sentenced a Nairobi matatu tout to 10 years in prison for killing a rival during a violent turf war over control of a city matatu stage.

The case has once again exposed the lawlessness, extortion and deadly rivalries that continue to plague Nairobi’s public transport sector.

Justice Kanyi Kimondo yesterday handed down the sentence against Setrick Nadwa Musimbi, also known as Seto, after finding him guilty of manslaughter in the killing of Peter Macharia Kamau during a bloody confrontation between rival matatu groups in the central business district in March 2021.

“I accordingly sentence the accused to serve 10 years in prison, in accordance with Section 333(2) of the Criminal Procedure Code,” Justice Kimondo ordered.

The fatal incident occurred on the evening of May 17, 2021, at the OTC stage along Racecourse Road, where simmering tensions between Aldana Sacco and Eastleigh Sacco erupted into open violence.

At the heart of the dispute was control of the busy stage and the collection of illegal parking fees demanded from matatus picking up passengers.

Evidence presented in court showed that Kamau, a stage attendant aligned to Aldana Sacco, approached an Eastleigh Sacco matatu and demanded Sh50 as a fee for using the parking slot.

The court heard that the fee was an unofficial levy for use of the parking slot, or what a prosecution witness described as a “shimo”.

The demand sparked a heated exchange that quickly degenerated into a chaotic brawl involving multiple touts from both sides.

Stones were thrown, several people were injured, and order completely collapsed at the stage.

In the midst of the chaos, Musimbi, then aged 33, grabbed a knife from an egg vendor’s trolley and stabbed Kamau on the left shoulder.

The blade penetrated the chest cavity, inflicting fatal injuries.

Kamau was rushed to Park Road Nursing Home but succumbed to his wounds shortly after arrival.

In his judgment, Justice Kimondo observed that the stabbing occurred amid widespread violence, noting that the fight involved many combatants and rapidly spiralled out of control.

Following the incident, Musimbi went into hiding and evaded arrest for more than a year before he was eventually tracked down and arrested at Tarus Club in Nairobi.

Prosecutors initially charged him with murder, arguing that he unlawfully caused Kamau’s death.

However, after evaluating witness testimony and the volatile circumstances under which the stabbing occurred, the court found that malice aforethought had not been proved.

The judge ruled that the killing was not premeditated but occurred in the heat of the moment during a chaotic and poorly regulated confrontation.

As a result, the charge was reduced to manslaughter.

During sentencing, the prosecution urged the court to impose a stiff custodial sentence, arguing that the offence reflected a culture of violence within the matatu industry and that Musimbi had shown little remorse.

The defence, on the other hand, pleaded for leniency, telling the court that Musimbi was a first offender, a family man, and had acted in self-defence after being attacked by several people during the fight.

The court rejected calls for a non-custodial sentence, citing the seriousness of the offence and the devastating consequences for the victim’s family.

“The accused grabbed a sharp knife from an egg trolley and fatally stabbed the deceased. This is a major aggravating factor,” the judge said.

“Manslaughter is a grave felony and attracts a sentence of life imprisonment.”

Justice Kimondo also considered the views of Kamau’s relatives, who said they feared for their safety if the accused were released, and noted that no effort had been made by Musimbi or his family to seek reconciliation.

A probation officer also declined to recommend a non-custodial sentence.

In the end, the court ruled that only a prison sentence would meet the ends of justice, both as punishment and as a deterrent against the rampant violence associated with matatu stage rivalries in Nairobi.

The judge further noted the anguish of the victim’s family, observing that Kamau left behind a six-year-old child now under the care of the maternal grandmother.

While acknowledging that Musimbi was a first offender who had expressed remorse, the court found that these factors were outweighed by the gravity of the offence and its devastating impact.

“Despite the elaborate mitigation, I find that the justice of this case demands a custodial sentence which will afford the offender a full opportunity for reform,” Justice Kimondo ruled.

Musimbi will serve the 10-year jail term from September 26, 2022, the date he was first arrested and placed in custody.

The judge gave him 14 days to appeal.