Man sentenced to death for violent robbery as three set free
By Joackim Bwana | August 25th 2016
A man was yesterday sentenced to death for robbery with violence.
Daniel Gachui Ndegwa was charged with robbing Eugene Auka Mumia a HP laptop computer valued at Sh56, 000 in 2013 and causing him bodily harm.
He was charged at the Mombasa Law Courts together with Peter Onyango Nguyoma, Michael Wambua Mutua and Gabriel Githinji Mwangi. However the three were acquitted for lack of evidence.
Chief Magistrate Douglas Ogoti said Ndegwa had been positively identified by the complainant during a police parade.
He further added the prosecution had proved their case beyond reasonable doubt.
SHOOT IN THE AIR
He however proceeded to release the other three co-accused after the prosecution failed to provide sufficient evidence to convict them.
"The first, second and third accused are hereby acquitted. The prosecution failed to prove a case against them," said Mr Ogoti.
In his ruling, Ogoti said Ndegwa had been arrested 30 minutes after the robbery.
He narrated that Ndegwa and his friends started running when the police confronted them, compelling them to shoot in the air, forcing them to surrender.
Upon being searched by police, a machete and the victim's laptop were recovered from Ndegwa.
The magistrate said from street lights were sufficient enough for the victim to identify Ndegwa.
"The victim was able to identify the accused from a different crowd but failed to identify the three others who had been accused," Said Ogoti.
Ndegwa remained silent when the magistrate asked him to defend himself before judgement, but his face changed when the sentence was read and he had to sit down once the sentence was read out.
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