It wasn’t me! Suspected burglar makes u-turn, denies charges
A youthful man who broke into a house in Lunga Lunga slums in Nairobi and stole clothes and assorted household items pleaded guilty to burglary and theft charges but denied the facts of the case.
Joseph Techa Melsa was charged with burglary contrary to section 304 (2) of the penal code and theft contrary to section 279 (b) of the penal code, where he is accused of breaking into Josphat Mburu’s house on January 2, 2023.
Mr. Melsa admitted that he stole a television set, a suitcase containing assorted clothes, a pair of shoes, a 6kg gas cylinder, and 10 pieces of foreign currency, all valued at Sh95, 000, belonging to Mr. Mburu.
The accused person also admitted a second charge of having or conveying suspected stolen property contrary to section 323 of the penal code after allegedly being arrested with some of the items he stole from Mr. Mburu’s house.
In the second charge, he is accused of possessing two television sets, and two 6kg gas cylinders reasonably suspected to have been stolen or unlawfully obtained.
The court heard that Mr. Melsa broke into Mr. Mburu’s house while he was at his rural home in Kiambu and stole the items which he went to sell at a neighbouring village.
His neighbour informed Mburu that his house had been broken into and took a cab to Nairobi to confirm. He reported the matter at the Lungalunga police station, and police officers visited his house.
Mr. Melsa was traced and arrested, and police searched his house, where they recovered some of the items stolen from Mr. Mburu’s house.
Police recovered the suitcase, but Melsa had sold all its clothes. He was escorted to the station together with the items.
However, Mr. Melsa contested some of the facts of the case as read out in court by prosecutor Joseph Mburugu prompting Resident Magistrate Mercy Thibaru to enter a plea of not guilty.
Mr. Melsa pleaded with Mr. Mburu to forgive him and withdraw the case, but the complainant declined.
The case will be mentioned on February 9, 2023, before the hearing starts on May 15, 2023.