He was found in possession of the deceased's cellular phone. Kereng's body was found with hands tied to the back and a broken neck. Delivering judgment, Komboni stated that Ndaba should consider himself very lucky that he got 30 years instead of a death sentence due to extenuating circumstances that lessened the weight of the sentence. “The accused has been convicted of murder with extenuating circumstances. Section 203 states that where a court has found the accused with extenuating circumstances, they should not be sentenced less than 15 years and but it should not be death sentence.
The accused should consider himself very lucky to have been convicted with extenuating circumstances,” Komboni said. During mitigation ,Ndaba had pleaded with the court that he was not in the right state of mind when he committed the crime. Ndaba had put before court from his early age he suffers from a condition named menachola menigities, which affects his mental state. Justice Komboni said Ndaba was able to prove beyond doubt that indeed he suffers from the condition. But the judge pointed out that Ndaba failed to prove whether at the time of the offence he was influenced by the condition or not. “I am inclined to believe that the condition can affect the accused’s health. I am not able to completely rule out whether the condition was there at the time of the crime,” Komboni said. Presenting mitigating circumstance, defence lawyer, Winnie Masitha, pleaded with Justice Komboni to show mercy as the murder convict is a first time offender and has three kids that he needs to father.
