Siaya magistrate charged with violent robbery

Jared Sani, a Siaya based magistrate who was charged with robbery with violence. He was released on bail but interdicted.

KISUMU: In rare reversal of roles, a 33-year-old magistrate, who had spent most of his youth studying to uphold the rule of law, found himself fighting for his life in the dock for allegedly violently robbing a non-governmental employee.

In one of the most dramatic cases the Siaya magistrate, Jared Sani, 33, was arraigned before a Kisumu court to answer to charges that on 21st December 2014 in Siaya town jointly with a police officer not before the court they robbed Samson Ogeda Sh10, 000, one Nokia mobile phone worth Sh5,000 and used actual violence on the victim.

According to the prosecution, it took eleven months for the wheels of justice to turn in the Sani case because he was a judicial officer.

"The offence was committed in December last year and the accused was supposed to have pleaded to the charges on December 23. However because he was a magistrate, the file had to be taken to the Director of Public Prosecution to make sure that all facts and strands of evidence were cross checked," explained the Siaya county criminal investigation officer (CCIO) Justus Burudi.

He was arraigned before Kisumu Chief Magistrate, Jeffe Nyaga, where he denied the charges. If the prosecution proves the robbery with violence charges contrary to section 296(2), Sani's life will be on the line for the law has only one sentence for a convicted violent robber, death by hanging.

The magistrate was released on a cash bail of Sh30, 000 and bond of Sh100, 000.

It is the prosecution's case that the accused was reported by the victim Ogeda, a few hours after he was abducted and robbed.

According to witness statements, the victim had just arrived from Nairobi by Easy coach bus and was waiting for a public means to go home in Ulafu village, Siaya, when suddenly a white Toyota salon car (KBW 147A) halt just next to the gate of Easy coach offices.

They ordered him to get inside but when he refused they forcefully took him and drove off. After few minutes' drive they stopped and ordered him to give everything he had and threw him out of the car.

According to the prosecution, the abductors drove few meters away from the victim and stopped, something that helped the victim see the cars' number plate and the people inside the car whom he had revealed were three.

With the assistance of a Good Samaritan Ogolla victim went to report to the police and just before he left, after reporting he robbery the car that had just been used to arrest him drove into the station.

When he saw a policeman dressed in uniform get out of the car he quickly identified him and the driver who was the magistrate. We took both the police and magistrate in for investigation. Immediately. The policeman is however still at large," the witness had told the police.

The Standard has learnt that the police officer who was alleged to have involved in the robbery was a regular and had been transferred to Nyatike earlier this year.

The magistrate has worked in Siaya for a period of four to five years before he was interdicted after being charged with robbery with violence.

He previously worked in Ukwala law courts in Ugenya sub-county and has been working on all cases as a resident magistrate.

According to the statement the magistrate gave to the CCIO, he was only in the company of the police officer when he arrested the complainant claiming that he had asked him to escort them to the police station using his car.