KISUMU,KENYA: A man has been sentenced to death in Kisumu County after he was found guilty of robbery with violence contrary to the law.
Idi Hassan Kazungu had appealed against that decision but he did not succeed because High court Judge David Majanja dismissed the appeal on October 3, 2017.
“Kazungu defense that he was framed was an afterthought and in any case, he said nothing of the property recovered from him. He did not explain how he got the laptop or assert ownership,” said Majanja
Kazungu had earlier been charged, convicted and sentenced to death for the offence of robbery with violence at the lower courts before he appealed.
“I therefore find and hold that all the elements of the doctrine of recent possession were satisfied leading to the irresistible conclusion that the appellant was involved in the robbery that took place earlier in the morning of 1st December 2012,”said Majanja.
Kazungu had been charged with his co-accused who was acquitted of the charge of robbery with violence but convicted of handling stolen property.
The particulars of the charge were that on December 1, 2012 at Nyawita Sub-location, Kisumu East District, he and his co-accused together with others not before the court, while armed with dangerous weapons namely pangas and metal rods robbed Fredrick Otieno Ayieko of his laptop, 2 mobile phones, Nokia and Samsung, 2 pairs of shoes, a pair of socks, laptop bag, a pair of socks and wallet all valued at Sh 60,000.
They were accused that at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said Ayieko.
The accused also faced an alternative charge of handling stolen goods on December 1, 2012 at Obunga Village in Kisumu District.