The High Court in Homa Bay has freed a man who had been sentenced to 20 years in prison after for robbery with violence.
Justice Waweru Kiarie said the sentence meted on Michael Odhiambo by the Principal Magistrate court at Mbita was illegal. Odhiambo had filed an appeal at the High Court to review his conviction and sentence.
According to the court documents, Odhiambo is said to have robbed Margaret Oyugi of a mobile phone and Sh2,000 at Riamakanga in Suba South on February 21, 2019.
He faced another count of using violence against the victim before or immediately after the time of the robbery.
Justice Kiarie said the prosecution case was marred by inconsistencies. He discredited the evidence as not sufficient to prove the case beyond reasonable doubt.
“The fact that the complainant had not seen the person who allegedly robbed her before, the investigating officer and prosecutor were duty-bound to elicit evidence of identification from the complainant. They failed to do so,” said the judge.