Robbery with violence convict pleads with judge to allow him preach

Muhoro Thuita at Nakuru High court on July 4, 2018, when he appeared before Justice Joel Ngugi during the hearing of a re-sentence. (Photo:Kipsang Joseph/Standard)

A robbery with violence convict sentenced to death pleaded with the court to allow him five minutes to preach to the people in the court room.

Muhoro Thuita, 48 charged alongside Simon Githu Mbugua, 57 during the hearing of a re-sentence saw the court room filled with laughter after he informed the judge that he is now a pastor after spending 18 years in prison.

He said he regretted the incident which has earned them years in the cells and a date with hangman.

Thuita and Mbugua, allegedly on January 4, 2000 at Tipis Trading Centre of Mau Narok within Nakuru County, jointly with others not before court, while armed with dangerous weapons namely a pistol and homemade gun, robbed a driver Mr Paul Okoth Ochieng of his motor vehicle and Sh300,000.

The two as per the charge sheet threatened to kill Okoth at the time of the incident. They had however denied the charges prompting the case proceed to full hearing. The court found them guilty of the offence and sentenced them to mandatory death sentence.

Thuita said after they were sentenced to death sentence by a lower court and attempted to appeal and lost he left the court room and met God only to realize there was need for him to apologise.

In their appeal the two challenged the decision of the trial court on account that the evidence on identification was unsatisfactory. They claimed the circumstances described them by the prosecution’s witnesses indicated that it was difficult to identify the attackers.

They also questioned the admission of the evidence parade which they said was conducted irregularly.

Further they contended that there was no evidence against them to sustain a conviction, they said they were merely framed up.

In February 2007, Judge Kimaru and Martha Koome in their judgment found that the trial court properly established that the two men were arrested immediately after the robbery, there were exchanges of gun shots with the police, who pursued them and arrested them with the robbery weapons.

“We are satisfied that the prosecution proved its case against the appellants beyond reasonable doubt and the appellants were properly convicted.  We uphold the conviction and sentence imposed on the appellants,” ruled the judges.

Thuita said he left court knowing he had been sentenced to death after his appeal was dismissed. Its then that he realized there was need to apologise.

“I remember very well I was sentenced to death, I appealed and Judge Luka Kimarua and others dismissed my appeal, left this court and met God and realized had to apologise; when this hit me I realized needed God,” said Thuita.

Quoting from the Holy Book, Proverbs 28:13 he said he realized the need to be open that he may be forgiven as those who conceal their sins will never prosper but the one who confesses and renounces them finds mercy.

He said he had made attempts severally while in prison to meet the complainant to ask for forgiveness but was told he had passed on.

“I tried reaching complainant and told he passed on, he died without meeting us, I wanted to meet him and seek forgiveness,” he said.