The son of Matuga Member of Parliament Hassan Mwanyoha was yesterday sentenced to death for robbery with violence.
Mafanikio Hassan Mwanyoha alias Fani Hussein Hassan and his co-accused Ali Hussein were convicted of robbing Polish tourist Peter Schadowsky of a bag, an LG mobile phone, a pair of spectacles, a company ID card and five credit cards, all valued at Sh14,625, on August 19, 2015 at Bougan Villa estate in Diani while armed with a knife.
They were also found guilty of handling stolen property.
The suspects who were beaming with confidence before the verdict was read, looked stunned and sweated profusely after their fate was pronounced by Kwale Principal Magistrate Cosmas Maundu.
In a ruling that lasted around 16 minutes, Mr Maundu delivered the news to a packed but silent court, saying that the prosecution had proved the suspects guilty and left him with no choice than to convict them.
“This court has no discretion on this matter and therefore the [death] sentence is mandatory. I therefore sentence each accused to death as prescribed by law,” said Maundu.
The magistrate noted yesterday that after robbing the Pole they threatened him with violence.
When the two were given time to make their plea before the judgement was read, Hassan urged the court to forgive him insisting that he did not commit the offence while his accomplice asked the court to just do its work.
“I did not commit that offence and I ask the court to release me,” he said.
The two who were not represented by any lawyer had no family members present when the judgement was read.
The MP and his family have shunned their son who has been in police cells since last August for failing to raise bond.
appeal ruling
The convicts were given 14 days to appeal the ruling.
The two were also accused of robbing Stephen Kiarie of a wedding ring worth Sh40,000, a wrist watch valued at Sh7,000, two phones and Sh20,000 cash.
The hearing of the second case is slated for May 30 after it failed to kick of last month when the accused complained that they were unwell.
Last year the two had complained that they were assaulted by a corporal named Ibrahim. The magistrate then ordered Diani Police Station OCS to investigate the allegations.
A report brought to court later said the defendants were injured by a mob after the alleged robbery.