Three walk to freedom after spending 23 years in jail on robbery charge

Three inmates who were sentenced to death for robbing a businessman money and goods worth Sh20 000 in 1998 have been set free. 

Mr Shem Abienda, Mr Jacob Mukunga, and Mr Stephen Muiruri walked to freedom after staying behind bars for 22 years. 

The three walked to freedom after Mombasa Resident Judge Eric Ogola jailed them for the period already served in prison, for the offence they committed 23 years ago. 

While releasing the inmates, the judge noted that the three are first offenders, who have reformed and are remorseful. 
“The petitioners have spent sufficient time in prison. I, therefore, sentence them to the time served. They are hereby set at liberty, and forthwith released from prison unless they are otherwise lawfully held,” said the judge. 

Justice Ogola said he had put into consideration the 22 years already served in prison, the aggravating and mitigating factors surrounding the commission of the offence.

They were set at liberty despite a plea by the state that they be jailed for 35 years due to the injuries they caused Mr John Mwaniki during the robbery. 

The state submitted that the inmates were armed with dangerous weapons including knives while committing the offence. 

“They strangled the complainant without killing him then stabbed him on the forehead. We pray for a definite and deterrent sentence of 35 years imprisonment including years served,” said the state. 

The three had informed the court that they have been in custody for the last 22 years through which they have reformed. 

“We have maintained a good behavior and lived in peace with fellow inmates during the incarceration period,” they said.

The three were charged that on October 4, 1998, while armed with crude weapons including knives, robbed Mr Mwaniki of cash Sh5, 000, national identity card, money link card, one bag with two speakers and assorted clothes all valued at Sh20, 000. 

They denied the offence that the court was told they had committed at railway roundabout in Mombasa. 

The three were tried, convicted, and sentenced to death. They unsuccessfully appealed against the sentenced at the High Court in 2001, as their appeal was dismissed. 

They then successfully filled a constitutional case against the death sentence.