After failing to give KSh 10 change to the Aziz, Roman Oduor pushed the deceased from the moving vehicle.
Oduor reportedly hit Mahmuod Aziz with his elbow sending him off the speeding matatu. According to the laws of Kenya, Roman Oduor committed murder on October 8, 1995 and had been sentenced to death but appealed after Supreme Court of Kenya outlawed death sentence terming it unconstitutional in 2017.
According to court documents, Oduor refused to hand back KSh 10 balance to Aziz Mahmoud who had handed him KSh 100 and was traveling from Nairobi showground Makina stage, Kibera.
He was expected t return KSh 90 to the deceased but gave him KSh 80 and declined to hand over the remaining KSh 10 leading to a heated argument that saw Mahmoud pushed out off the speeding vehicle and succumbed to injuries. During the hearing of the case in 1996, a witness told the court the matatu had two conductors hanging on the door and of them hit Mahmoud with an elbow resulting to the fatal fall after which the two fled.
In the application for re-sentencing, Oduor’s lawyer Steve Odumbe pleaded with Justice Fred Ochieng to tone down the sentence to 25 years because his client had been in jail for 22 years since January 1996. Prosecutor Gloria Barasa however, challenged request and recommended a sentence not less than 30 years. The court granted Oduor a 30-year-jail time in the application.
Portion of texts was culled from www.standardmedia.co.ke