Seven morans Thursday escaped death sentence narrowly after a Narok Court agreed to an out of court settlement for the offence of robbery with violence they had committed.
The counsel for the defendants Mr. Martin Kamwaro said they invoked Article 159 of the constitution that stipulated for Alternative Dispute Resolution (ADR) after reaching out to the complainant who agreed to an out of court settlement.
Narok Court Senior Principal Magistrate Tito Gesora accepted the plea by the morans but warned them against engaging in capital offences.
The morans who are aged between 14 to 18 years; Serina Nkongoni, Dickson Saidimu Maitai, Jacob Kukuni, James Kileyia, Simon Nkongoni, Robert Manchau Losikani and Karino ole Keiwua were arrested on labour Day on allegations of attacking and robbing a man of Sh2,000 at Muserechi area in Lemek in Narok West, while armed with Maasai swords, spears and rungus.
“We engaged elders, opinion leaders, religious leaders and traditional chiefs over this matter and we managed to reconcile my clients (morans) and the complainant with the defendents and they have reconciled,” Kamwaro told the court.
Mr. Kamwaro said the morans acted out of ignorance saying he has educated them on the seriousness of the crime they had committed and warned them against engaging in activities that contradicts Maasai cultural norms.
He added: “I have personally warned them against engaging in crime and they are remorseful and I hope they are going back to the society as law-abiding Kenyans,”
According to the complainant Philip Kitur, the morans accosted him at Lemek area over the weekend and ordered him to pay ‘tax’ and upon resistance the morans attacked him with rungus(clubs) leaving him with leg and rib injuries.
“I was heading to Lemek area in Narok West when I met them. They asked me for ‘ushuru’ (tax)and when I asked them whether this is not Kenya they turned against me attacking me and snatching the Sh2,000 from me, “said Kitur.
He said he reported his ordeal to the area chief who called the police that arrested the suspects taking them.
The incident happens barely a month after another seven morans were arrested by local police for allegedly harassing traders at Maendeleo market in Narok town and stealing merchandise worth Sh40,000.
By Mabel Keya-Shikuku/Sammy Kitung`at
Seven discharged
