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Mobile phone ‘thieves’ escape trial after out of court settlement

Two men who allegedly stole a mobile phone and money from a reveler inside a bar along Kangundo Road in Njiru Sub county in Nairobi got a reprieve after the theft case against them was withdrawn.

They are Bolton Willis Luhombo and Michael Muyanzi Kesekwa who were charged with stealing the mobile phone worth Sh28, 000 and Sh25, 500 from Brian Irungu on August 7, 2023.

They had denied the charges before Senior Resident Magistrate Mercy Malingu of Makadara Law Courts.

They were also accused of stealing his National Identity card during the incident which they also denied before Mr Irungu withdrew the charges before them.

The complainant told the court that he had been paid everything he lost in the theft and wished to withdraw the case.

The court heard that Mr Irungu was enjoying his drinks at the bar when the two suspects allegedly stole from him as he took a nap.

However, they were spotted by a security guard and a waitress at the bar who followed them outside as they left before returning after almost an hour.

The complainant reported the matter at the Kayole police station and the two suspects were arrested alongside the guard who was on duty at the night.

Police had suspected the two to be behind several violent robberies reported at the station that happened in the area but upon investigations, Mr Luhombo and Kesekwa were found to have only committed the theft against Mr Irungu and were arraigned for the same.

The two suspects were discharged under section 87 (a) of the criminal procedure code after the complainant stated that he did not wish to pursue the case against them.

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