Innocent Nairobi man set free after 11 years on death row

For 11 years, Harrison Murigi was on death row but never gave up the legal battle to prove his innocence.

He was convicted for robbery with violence, a charge he persistently contested, insisting he was an accident victim mistaken by police for an armed robber in 2005. 

Yesterday, his hard-fought appeal paid off after High Court judge Hatari Waweru freed him, citing flawed prosecution.

“The appellant’s convictions are entirely unsafe and cannot be allowed to stand. I will allow this appeal in its entirety; both convictions are quashed and the sentence of death set aside,” ruled Justice Waweru.

The Director of Public Prosecutions Keriako Tobiko also admitted the man ought not to have been jailed as there was no evidence linking him to the offence.

Twice, Murigi was tried at the magistrate’s court and on the both occasions, was found guilty of the capital offence.

According to court records, Murigi was charged with robbery, which allegedly happened on December 12, 2005.

Murigi was first sentenced to hang by the magistrate’s court but he got a reprieve after the High Court quashed the conviction and ordered he be tried afresh.

He was arraigned before a separate court, but he was, again, convicted and sent to the gallows.

SECOND APPEAL

Murigi lodged a second appeal, lamenting that he was just a victim of circumstances and not a robber.

The DPP this time round agreed with him.

In the case, the court was told criminals robbed a motorist of his car at gunpoint in Murang’a County. Police gave a chase and the stolen car was involved in an accident.

Police killed the driver of the stolen car but took Murigi in for questioning. Murigi argued he was just a by-stander caught up in that accident but he was charged with the robbery.

Murigi called his father as a witness. The court was told that he was of good morals and his testimony was not challenged when he was cross-examined.

Murigi’s conviction by the magistrates puzzled the High Court judge as the police officers who were giving the chase were not called to testify. Moreover, nobody who witnessed the accident was called by the prosecution to testify.

“There was no independent evidence, beyond the complainant’s say-so, placed before the trial court. Why were the police officers who apparently rescued the complainant and recovered the stolen motor vehicle, and apparently shot and killed one suspect at the scene, not called?” Waweru wondered while setting free the appealant.