A High Court in Kerugoya has upheld the death sentence against two cousins who violently robbed a villager of Sh1,300 and a Sh150 T-shirt.
Justice Lucy Gitari found that James Muthike Flora and Anthony Kamau Njeri robbed Mr Daniel Mwangi Chomba on June 18, 2014 at Nyangati Location, Kirinyaga County, while armed with a panga.
They also wounded Mr Chomba using the panga.
SUSPICION
The duo had been sentenced to death by the Wang’uru Principal Magistrate’s Court after full trial but lodged an appeal at the High Court.
The duo had been sentenced to death by the Wang’uru Principal Magistrate’s Court after full trial but lodged an appeal at the High Court.
In the appeal, the convicts argued that the magistrate failed to find that the identification by recognition was not free from error of mistakes.
They said they were arrested on suspicion, investigations into the case were shoddy and faulty and their defence was dismissed by the magistrate.
CLOTHES
The court heard that Mr Chomba was working in a rice paddy with one of the suspects, Muthike, and walked home together.
The court heard that Mr Chomba was working in a rice paddy with one of the suspects, Muthike, and walked home together.
At Kimbimbi Market, Mr Chomba bought a T-shirt and Muthike a pair of trousers.
Mr Chomba then entered Mumbi Bar, where he drank beer as he watched a World Cup match and later boarded a matatu at around 10pm to his home in Kirimara Village, towards Embu County.
ATTACK
When he alighted, he saw the two convicts and recognised them as they were flashed by the headlights of the matatu.
When he alighted, he saw the two convicts and recognised them as they were flashed by the headlights of the matatu.
The two attacked Mr Chomba as he walked home, striking him on the left shoulder with a panga, injuring him.
Mr Chomba said Kamau held him on the legs and attempted to knock him down while Muthike gripped his T-shirt, upon which he removed it and let go so that he could escape.
They also frisked his pockets and stole Sh1,300.
POLICE REPORT
Mr Chomba escaped and reported the incident at Kimbimbi Administration Police Camp, leading to the arrest of the two.
Mr Chomba escaped and reported the incident at Kimbimbi Administration Police Camp, leading to the arrest of the two.
The prosecution called four witnesses.
“The robbery, arrest and recovery happened one after the other within a short time during the same night,” Justice Gitari ruled.
“Suspicion was ruled out and the charge proved.”
