Student sentenced to death for stealing Sh520
A student at Nyeri National Polytechnic has been handed death sentence for violently stealing Sh520 and two mobile phones worth Sh17,000 from two pedestrians.
Gathogo Mwaniki was condemned to death by Nyeri Senior Resident Magistrate Ruth Kefa after he was found guilty of robbery with violence charges.
He was charged that on January 10, 2016 at Nyeri town together with others not before court while armed with a knife, he robbed Moses Muriithi Kagai of Sh500 and a mobile phone valued at Sh9,000.
He also robbed Gitahi Kirugumi Sh20 and a mobile phone worth Sh8,020 on the same date.
The court noted that Mwaniki was accompanied by four other men and he was positively identified by the complainants, who were on their way home on the material date at around 11pm.
“I am satisfied that the evidence of identification of the accused by the complainants placed him at the scene of robbery at the time it occurred,” said the magistrate.
He was also found in possession of the stolen items upon arrest by the police at Viceroy Bar near Majengo area.
Mr Kirugumi narrated to court that the convict’s role in the robbery was to remove the phone from his pocket, while the other men held the knife to his stomach telling him to comply or else he would be killed.
The victims said there was street lighting which enabled them to see the robbers and they were also able to see the accused person clearly.
The court observed that the complainants were also able to identify the accused by his facial and physical appearance and the jeans shirt sleeved coat he was wearing.
INGREDIENTS OF ROBBERY
“I find the ingredients of robbery with violence have been established as the accused person together with the others used actual violence by holding the complainants while threatening them,” said the magistrate.
In his defence, Mwaniki said the complainants told the court that they were robbed at Ashian Quarters while the O.B indicated that the scene of crime was along Total-Temple road.
“One wonders why they failed to seek help from members of the public. The road is well lit and Total Petrol Station has watchmen,” he argued.
In mitigation, Mwaniki prayed for leniency saying he would like to continue with his studies.
The court dismissed his mitigation stating that the charge provided for a mandatory sentence of death.