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Two to hang for Sh1,450 robbery as appeal rejected

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 in Nyangati Location, Kirinyaga County, while armed with a panga.

They also wounded Mr Chomba using the panga.

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.


They said they were arrested on suspicion, that investigations into the case were shoddy and faulty and that their defence was dismissed by the magistrate.

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 took a beer as he watched a World Cup footbal match and later boarded a matatu at around 10pm to his home in Kirimara Village, towards Embu County.

When he alighted, he saw the two men and recognised them as they were illuminated 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.

Mr Chomba escaped and reported the incident at the 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,” ruled Justice Gitari. “Suspicion was ruled out and the charge proved.”