Man on death row for stealing sausages and eggs set free

The High Court has acquitted a man who had been sentenced to death for eating sausages and then turning on the vendor when he was asked to pay.

Patrick Komu had been accused of violently stealing sausages from a hawker in broad daylight, but the High Court said no proper identification parade was carried out.

Komu was waiting for his day with the hangman for allegedly eating sausages then refusing to pay, engaging in a fight, and attempting to stab the vendor.

Justice Christine Meoli released him after finding that the police did not carry out a proper identification parade.

“The investigating officer did not consider it necessary to conduct an identification parade in respect of the appellant. He casually presented the appellant to prosecution witnesses seeking confirmation whether or not he was one of the robbers or assailants,” the judge said.

She added: “The circumstances of the arrest of the appellant and the recovery of the knife remained a mystery as no one came forward to testify.”

Hawker’s demand

The court heard that Komu and two other men allegedly went to a hawker, ordered sausages, but refused to pay after eating them. The hawker, Anthony Mwangi, demanded that they pay but they rained blows on him instead. Komu allegedly drew a knife and attempted to stab him.

An onlooker, one Vincent Kitoto, saw the commotion and tried to intervene but the three men turned on him with stones.

They escaped but Komu’s dreadlocks made him an easy target for law enforcers to track. He was arrested and arraigned in court.

The Sate told the court that his accomplices were not traced after the attack that occurred on August 28, 2013.

Komu got the shock of his life when he was tried for robbery with violence and assault before the magistrate’s court. The court heard that Mwangi had injuries on the head, limbs, and chest whereas Kitoto sustained a cut on the left eye.

The prosecution argued that the case was fool-proof as Komu and his friends stole in broad daylight and he was positively identified when he was summoned to the police station.

But the accused disputed the testimonies given by his accusers. He told the court that he worked at a car wash and that on the material day, while on the way to work, he met his cousin, Mike Kamau, who asked him to help him brew illicit liquor.

He said his cousin refused to pay for the work he had done and he beat him up with a bottle.

According to Komu, he ended up in a police cell and later in court for assault, not robbery.

In another case, Dominic Tomito Talala was condemned for robbery with violence. He stole six eggs and a small amount of sugar from a man and stabbed him to death as he tried to take away a bag that contained Sh1,315.

The magistrate’s court sentenced him to death but he appealed the sentence, arguing that the lower court did not have the powers to hear the case since it involved murder. The court dismissed the appeal.

The court was told that on the night of June 21, 2013, Talala stole from one Wison Murambi and also caused his death.

The State called 12 witnesses to support its case against him. Jane Nashipal, a shopkeeper, witnessed the incident.

She told the court that she heard screams a short distance from her shop and decided to find out what was happening.

Motionless on the ground

Justice Joseph Karanja heard that Nashipal saw Talala lying motionless on the ground. He appeared to be asleep.

Nashipal testified that Talala woke up after a short while and appeared to be stranded.

He asked her for food and she directed him to a nearby hotel after giving him Sh100.

Another witness told the court that he noticed that Talala’s black trousers and white T-shirt had red spots, which resembled blood.

The doctor’s report showed that the man had been strangled and also had a stab wound on the chin.

Talala denied the claims saying that he had been framed.

He told the court that Nashipal framed him for sour love between them.

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