Mechanic appeals death verdict for stealing presidential escort car

Aggrey Odhiambo Achieng was sentenced to death for the theft of a car belonging to State House. [Collins Kweyu, Standard]

A mechanic sentenced to death for stealing a presidential escort car in 2014 has appealed the decision.

Aggrey Odhiambo Achieng was sentenced to death on April 13 by Chief Magistrate Francis Andayi.

In his appeal dated April 25 through his lawyer Moses Angaya,  Achieng states nine reason why he is objecting to the sentence and wants the court to set him free.

He says that the magistrate erred in law and facts in failing to consider material inconsistencies and gaps left by the prosecution case in identification of the culprit involved in the crime.

He adds that Andayi also erred by relying heavily on the flawed identification of culprits in the dock.

Robbery with violence

Achieng also says that in the magistrate failed to prove that there was evidence to support the charge he faced of robbery with violence and handling stolen goods.

Achieng continues to say that Andayi found the testimonies of the prosecution witnesses contradictory but went ahead to use the same evidence to convict him.

“The learned trial magistrate erred in law in subjecting the prosecution case to a stand of proof below the usual “beyond reasonable doubt” standard as the conviction was against the weight of the evidence adduced,” added Achieng.

He had been charged alongside four other individuals with robbing Chief Inspector of Police David Machui of the BMW 735 vehicle on August 26, in Utawala, Nairobi.

Court papers say they were armed with dangerous weapons namely AK 47 and a pistol when they robbed Machui.

They also used excessive violence on the complainant while stealing the vehicle which was worth Sh1.2 million.