Uni student gets 18 years for murder

By BEVERLY PETER
THE National Court last week jailed a third-year Divine Ward University student 18 years with hard labour for a murder in Jiwaka three years ago.
Judge Nicolas Miviri, presiding in Banz, Jiwaka, said Martin Geruye, of Banzamil village, Banz, who was doing third-year philosophy at that time, had no excuse for what he did.
“Murder has become widespread and it’s reoccurring calls for the protection of life and the enforcement of section 35, the right of life under the Constitution,” Judge Miviri said. Geruye pleaded guilty.
On March 5, 2021, he cut the neck of Miling Siwi, 42. This followed a fight that happened earlier at the funeral of one of their clansmen where Geruye was assaulted.
Judge Miviri said Siwi fell and died instantly.
“There is no justification either in fact or law for Geruye’s action. It was done in a public area as he left from the funeral after fighting that happened there,” he added.
Judge Miviri said Geruye had no regard for human life because through the neck was life, giving blood to the brain so one was a human being.
“A human without a head is not a human being. To be cut at the neck is viciousness in its raw form.
“It cannot be downplayed by plea bargaining,” he said.
Judge Miviri said a strong sentence should be imposed.
“It remains prime that a life of a human being is not cheap by section 35 – the right to life,” he said.
“That is mandatory and a fundamental right with the use of the words that it cannot be deprived intentionally.”
Maviri said no matter what the punishment was, it must be noted that it would not bring a life back.
“He will serve his sentence and come back to life outside, but it does not leave out the fact that the deceased will not return ever, no amount of compensation will bring him back,” Judge Miviri said.
He then ordered that the time Geruye spent in custody awaiting his case be deducted, and Geruye would serve the remaining years with hard labour.